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L A W O F F I C E S OF 950 NORTHGATE DRIVE, SUITE 200 NEIL SORENSEN SAN RAFAEL. CALIFORNIA 94903 WEB www.sorensenlow.COR1 January 7, 2014 Mayor Alice Fredericks and Members of the Tiburon Town Council Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, California 94920 JAN 0 7 2014 PLANNI FACSIMILE 4.15 491-9515 EMAIL neil@sorensenlow.com LATE MAIL # ?/ / -e Re: 1704 Tiburon Boulevard — Appeal of Use Permit Denial Dear Mayor Fredericks and Members of the Town Council: This office represents K2 Properties LLC and Decker Bullock Realty in their appeal of the Planning Commission's decision to deny a Use Permit to establish a real estate office at 1704 Tiburon Boulevard. For the reasons stated in this letter, the Town Council should overturn the Planning Commission's decision, and grant a Use Permit to allow Decker Bullock Realty to open a real estate office at 1704 Tiburon Boulevard. Decker Bullock Realty would be an upscale retail service business that provides services to both locals and visitors while promoting the economic vitality of the Town. I. The Property is Not Located on Main Street or Ark Row and is Not Subject to the General Plan Policies and Zoning Regulations that Discourage Office Uses. In denying the Conditional Use Permit, the Planning Commission found that the proposed real estate office was inconsistent with General Plan Policy DT -16, which discourages commercial uses from occupying ground floor space on Main Street and Ark Row. Specifically, General Plan Policy DT -16 states: "In order to encourage pedestrian use and enjoyment of Main Street, the Town shall discourage commercial office uses from occupying ground floor space suitable for retail and restaurants on Main Street and Ark Row." (Emphasis added.) This finding is factually and legally incorrect. The subject property is not located on Main Street or Ark Row; but, is in fact located on Tiburon Boulevard, and the Town has recognized this fact for more than a decade. First, the address of the property is 1704 Tiburon Boulevard — not Main Street. A view of any map will confirm this. In fact, the property has 106 feet of frontage on Tiburon Boulevard and only 51 feet of frontage on Main Street; the frontage on Tiburon Boulevard is more than January 7, 2014 Page 2 twice the frontage on Main Street. Additionally, various government agencies list the address for the property as "Tiburon Boulevard." Attached hereto as Exhibit "A" are copies of the tax bills for the property for the years 2004 through the present. On each of the tax bills it clearly states that the address of the property is "1704 Tiburon Boulevard, Tiburon." Second, in processing various land use applications over the past thirteen years, the Town has recognized that the property has a Tiburon Boulevard address. Attached hereto as Exhibit "B" are copies of public notices, Town sign permit approvals and staff reports, all relating to permits sought and issued for 1704 Tiburon Boulevard. Each of these Town- generated documents recognizes that the property has a Tiburon Boulevard, and not a Main Street address. Indeed as part of the current application, all of the paperwork, including notices, letters, staff reports and other documentation specifically identifies the property as "1704 Tiburon Boulevard," which is an address not located on Main Street or Ark Row. Accordingly, General Plan Policy DT -16 is inapplicable. Finally, planning staff recognizes that the subject property is not subject to the zoning ordinance prohibition on ground floor office use (Section 16- 22.030). They recently prepared and recommended zoning ordinance text amendments that would expand the addresses that are subject to the prohibition on ground floor office uses. As noted in the staff report to the Planning Commission (Exhibit "C "): "As a result of the Planning Commission's recent denial of a conditional use permit application for a ground floor office use on property located at 1704 Tiburon Boulevard, Town staff has looked into whether the areas in which such office uses are generally not permitted should be expanded.... Staff recommends that Section 16- 22.030A1(e) be amended to read'street- fronting ground floor uses shall not be permitted on street addresses 1690 through 1704 Tiburon Boulevard.... "' (Emphasis added.) Thus, planning staff agrees that 1704 Tiburon Boulevard is not currently subject to the prohibition on ground floor office uses and now wants to amend the code to include such a prohibition. The proposed amendment may accomplish this provision; however, it has not been adopted by the Town Council (and may never be adopted). H. The Proposed Use is Consistent with the General Plan and Would Create a Lively Interface Between Visitors and Locals; it Would Not Create a Dead Zone. In denying the Use Permit, the Planning Commission incorrectly found that the proposal would violate General Plan Goal DT -C. Again, there is no evidence, let alone substantial evidence, in the record to support such a finding. While the staff report contained a vague reference to a possible detriment from ground floor office uses, there was no concrete evidence that a real estate office in this location would be in any way detrimental. In fact, the most recent urban planning studies (completed since the Town adopted its General Plan) come to the opposite conclusion — that office use downtown is a critical January 7, 2014 Page 3 component in the sustainability of downtowns and attracts, rather than inhibits, pedestrian activity and economic development. Attached hereto as Exhibit "D" are examples of recent studies that conclude focusing on retail to the exclusion of office uses downtown is an ill- advised strategy. For example, the City of San Jose recently changed its policy and now allows non- retail uses such as banks and offices to occupy ground floor spaces in the downtown. The City concluded that ground floor space occupied during part of the day is better than ground floor space vacant all day and that office spaces generate a lot of "foot traffic throughout the day." In the Top Ten Myths of Downtown Planning, Philip Walker, AICP, concludes (Myth No. 3) that a strategy that focuses on retail to the exclusion of office uses is ill advised. Additionally, many cities in Marin allow real estate offices in their downtown because they offer more of a "retail service" character than traditional offices. See pages 29 -30 of Exhibit "F." Planning Commission Vice Chair Weiner recognized the benefits from the proposed real estate office (and avoiding vacant space downtown) when he opined at the August 28, 2013 meeting: "Vice Chair Welner stated... he was surprised that the Commission went in the direction it did with regard to a viable business moving in and conducting productive work in downtown." The proposed real estate office would be consistent with the goals and policies of the General Plan that encourage resident serving uses and seek to provide commercial services for both visitors and residents. Specifically, the proposed use would be consistent with General Plan Policies DT -1, DT -2 and DT -3, which provide: "DT -1: The Town shall promote a clean, well - maintained Downtown area that serves the commercial, service, and passive recreation needs of the community and is an aesthetically pleasing, friendly, and desirable destination. DT -2: Resident - serving land uses shall be encouraged throughout Downtown. DT -3: The Town shall actively promote the economic vitality of its Downtown." (Emphases added.) A real estate office would be a valuable commercial service to both residents and visitors and clearly promote the economic vitality of the Town. Everyone looks in the windows or visits real estate offices when they travel. Decker Bullock agents, who would be on -site to answer tourist questions about the area as well as serve the needs of locals, could provide local merchant information and assist in downtown festivities (Friday Night on Main Street). While most offices do not encourage visitors or locals to frequent them, real estate offices are designed for walk -in traffic and specifically cater to residents and visitors alike. In that sense, a real estate business is more of a "retail service" business than a traditional office. Consistency with every goal and policy of the General Plan is not required; nor is it possible in most cases. "No project could completely satisfy every policy... and state law does. January 7, 2014 Page 4 not impose such a requirement." Sequovah Hills v. City of Oakland (1994) 23 Cal.App.4' 704, 719. III. The Property is Not Physically or Economically Suitable for Retail and Restaurant Uses. Even if 1704 Tiburon Boulevard were subject to the Town's prohibition on office uses, the exception provisions contained in Section 16- 22.040 B2 apply here. This section provides: "Exception for street - fronting ground floor office use in the VC zone. An exception may be granted to allow street - fronting ground floor office use otherwise prohibited by section 16- 22.030 (commercial zones allowable land uses and permit requirements), provided that a conditional use permit is secured and one or more of the following findings is made by the review authority: a. The space proposed for the office use is not physically suitable for retail, restaurant, or personal service use. b. The applicant has provided substantial and compelling evidence that retail, restaurant, or personal service use is not economically viable in the proposed location." A. A Restaurant Use is Not Financially Feasible. In order to determine if the space at 1704 Tiburon Boulevard is physically suitable or economically viable for restaurant use, the property owner retained Siobhan Semple Stoddard, an MAI appraiser, to perform a Market Rent Analysis. Her report, attached as Exhibit "F" concludes that "restaurant use of 1704 Tiburon Boulevard is not financially feasible" (see page 2). As noted in Exhibit "E," the cost to build out only the "shell" for a restaurant or cafe at this location would be $439,000. This does not include soft costs, permitting, or sewer /water fees. With these included, the cost would exceed half a million dollars. As noted by Ms. Stoddard in her report, the market rents in Tiburon would have to double for a restaurant to be financially feasible (page 40): "For the landlord spending $439,000 today on a 5 year lease, the straight return on this investment over 60 months is $7,316 per month. Over the 5 year time period, based on a safe rate of 4 %, this initial investment would require payments of $8,085 per month to amortize the debt. From our review of rents in Tiburon, market rent has been estimated at $3.25/sf /month or monthly rent of $4,209. A conversion to restaurant use is not financially feasible." (Emphasis added.) B. The Property is Not Physically Suitable for Retail or Personal Service Use. The Market Rent Analysis for the property (Exhibit "F ") also concludes that the property is not physically suitable for retail or personal service use "due to the lack of street parking near the building" (page 2). This conclusion is based on thirteen years of rental history for the r January 7, 2014 Page 5 property, which shows that retail or service uses were not able to make it economically at the site (e.g. Maria French Cleaners): "Consideration was made whether service retail or personal services uses might be suitable for the subject space.... These types of service retail uses have turnover of customers, and are best served by readily available parking. There is no on- street parking in front of the subject. There is a paid parking lot to the rear of the subject, but customers don't want to pay for a space for a short service visit. The Maria French Cleaners was a service retail use in the subject, and they paid rent sporadically. They are now located to the west at 1630 Tiburon Boulevard, with parking directly in front of the building, which is better suited to their business needs. Service retail or personal service uses are not suited to the subject space." (Page 42) The conclusions of the Market Rent Analysis are further bolstered by empirical data. First, the vacancy rate experienced by 1704 Tiburon Boulevard over the last thirteen years is 34.1 %. For comparison, the average vacancy rate in Mann County is 4.9% and the vacancy rate for 10 Main Street (next door) over the previous thirteen years is 2.1 %. Thus, the 1704 Tiburon Boulevard property experienced a vacancy rate seven times the average. Second, past attempts to establish retail or restaurant type uses at the property have failed due to the physical constraints of the site. For example, in 2010 a Use Permit was approved for a wine tasting and sales business. However, the business was never established due to lack of physical facilities at the property, including parking, garbage facilities, and utilities. IV. All Findings for Grant of a Use Permit Have Been Established and the Town Should Approve the Use Permit. As noted in the original staff report for this project (pages 3 and 4), all of the required findings for grant of a Use Permit under Section 16- 52.040 can be made. The proposed use would be adequately served by street network, utilities and other support facilities. The use would be compatible with surrounding uses and would not generate any activities that would result in health or safety problems. Finally, since the use would be relocated from a building down the block, there would be no change in the number of realty offices serving area customers. It is time for the Town to make good on its promise to work with local business owners to "improve and add vibrancy to downtown." See Downtown Committee letter of November 30, 2010, attached as Exhibit "G." If the Town sincerely desires to attract new businesses to downtown and improve the "tenant mix and vitality," approving the Decker Bullock Realty Use Permit is a good start. V. Conclusion. The proposed Decker Bullock Realty office is consistent with the Town's General Plan and zoning regulations. The property is not located on Main Street and is not subject to the January 7, 2014 Page 6 zoning provisions that prohibit ground floor office uses. In any event, the proposed Decker Bullock Realty office would create a lively interface between visitors and locals and promote the economic vitality of the downtown. It is respectfully requested that the Town Council grant the appeal and approve the Decker Bullock Realty Use Permit for 1704 Tiburon Boulevard. Very truly yours i NE /L SORENSE14 NS /mjs Enclosures cc: K2 Properties LLC Decker Bullock Realty Ann Danforth, Town Attorney Scott Anderson, Community Development Director Ex. 4 - •'_:PARGEL UF7 EE, °: ,a;.,. Ek 411 k -,�.• r sTA?G.. ':SR ' 059- 1132 -17 •W+12 -67x71 1 11 -008 :+'KEEP THIS PORTION OF BILL FOR YOUR RECORDS K2 PROPERTIES LLC PO BOX 12705 OAKLAND CA 94604 -2705 PLEASE MAKE CHECKS PAYABLE T0: MARIN COUNTY TAX COLLECTOR ...1704 TIBURON BLVD TIBURON MS.MOSQUITO #1 (800)273 -5167 SANI #5 - TIBURON (415)435 -1501 REED SCH ASSMT (415)383 -1116 TAM UNION H SCH DIST (415)945 -3709 MR:ST HILRY -OP SP 93 (866)807 -6864 MR: TIB - LIBRARY 95 -1 (800)676 -7516 MMWD - FIREFLOW (415)945 -1404 MR:ST HILARY CFD97 -1 (866)807 -6864 VALUATIONS (415)473 -7215 * FOR INFORMATION AND POSSIBLE * EXEMPTIONS, PLEASE CONTACT THE * AGENCIES LISTED.ABOVE. VISIT OUR WEB SITE AT: marincounty.Org /taxes VISIT THE COUNTY'S WEB SITE AT. manncounty.org ass PM 22,758.26 TOTAL 1,899,181 1 1,899,181 22,758.26 BASIC TAX 0 1.0000 181991.80 SCHOOL BONDS 1 .1046 11986.44 MS MOSQUITO #1 3 105110 11.02 SANI #5 - TIBURON 3 105421 827.00 REED SCH ASSMT 3 107351 359.06 TAM UNION H SCH DIST 3 107761 245.94 MR: TIB- LIBRARY 95 -1 3 109177 66.00 MMWD- FIREFLOW 3 109192 75.00 MR:ST HILRY -OP SP 93 3 109142 98.00 MR:ST HILARY CFD97 -1 3 109194 98.00 Examine this bill carefully. Make sure it is your bill.The Tax Collector cannot be responsible for erroneous payments. See reverse side for senior, disabled, property tax exemptions and other Important tax information. TOTAL 1.1046 221758.26 1ST INSTALLMENT 11,379.13 10 %PENALTYAFIER Exhibit "A" 2ND INSTALLMENT TOTALTAX 111379.13 22,758.26 10% PENALTY+ $10.00 COST PENALTIES APPLY MARIN COUNTY SECURED TAX S1 USE THIS PARCEL NOON ALL CHECKS AND CORRESPONDENCE a K2 PROPERTIES LLC PO BOX 12705 OAKLAND CA 94604 -2705 COUNTY TAY Cni I WITnR ACCR .CORR9 1704 TIBURON BLVD TIBURON MS MOSQUITO #1 TIBURON- SANITARY REED SCH ASSMT TAM UNION H SCH DIST MR:ST HILRY -OP SP 93 MR: TIB- LIBRARY 95 -1 (800)273 -5167 (415)435 -1501 (415)383 -1116 (415)945 -3709 (866)807 -6864 (800)676 -7516 MMWD - FIREFLOW (415)945 -1404 MR:ST����HILA��RYY CC�F��DEE97((-1 ((�8}}66)807- 6��8��6,,4 TOLSENHETtE�MI TA�'D PARS O 5 L�i�R ini O';il�cel�tW'Nt `��'f' K° INFOyour bill. he ax a1IeI or ..anrr;t je responsible for elroneous payr-O:rlts. See. reverse SICIe fOr disabled. property exei nilaiis and otnE)! imr,q(t;;nt iax i!tforrn fion. July 1, 2011 t0 June 30, 2012 MARIN COUNTY TAX COLLECTOR . DUES ON PAYMENTS CALL (415) 699 6133. ON VALUATIONS CALL (415) 499-7215 W PAYMENT BY CREDIT CARD OR ELECTRONIC CHECK IS BY PHONE OR INTERNET ONLY CALL 1- 800. 985.7277 FOR OPTIONS AND FEES OR VISIT: wwwxojnar1nca.us/paytax VISIT OUR WEB SITE AT: www.co.marin.ca.us/taxes/ VISIT THE COUNTY'S WEB SITE AT: www.cD.marin.ca.us 22,409 Imps 804,6 RATES AND DISTRIBURONS'OF AMOUNTS BY TAXING AGENCIES TAXING AGENCY LEVYI RATEIFUND AMOUNT BASIC TAX 0 1.0000 18,619.52 SCHOOL BONDS 1 .1147 21135.58 MS MOSQUITO #1 3 105110 1f] .72 TIBURON- SANITARY 3 105421 719.00 REED SCH ASSMT 3 107351 348.60 TAM UNION H SCH DIST 3 107761 238.78 MR: TIB- LIBRARY 95 -1 3 109177 66.00 MMWD- FIREFLOW 3 109192 75.00 MR:ST HILRY -OP SP 93 3 109142 98.00 MR:ST HILARY CFD97 -1 3 109194 98.00 TOTAL 1.1147 22,409.20 1STINSTALLMENT 2nd INSTALLMENT TOTAL TAX 11,204.60 111204.60 22,409.20 10% PENALTY AFTER 10% PENALTY + 10.00 COST PENALTIESAPPLY DECEMBER IOM AFTER APRIL IOM WHEN SHOWN BELOW MARIN COUNTY SECURED TAX STATEMF' USE THIS PARCEL NO. ON ALL CHECKS AND CORRESPONDENCE PAHCEL'NUMBER K2 PROPERTIES LLC PO BOX 12705 OAKLAND CA 94604 -2705 SRUS ADDRESS 1704 TIBURON BLVD TIBURON July 1, 2010 to June 30, 2011 MICHAEL J. SMITH,TAX COLLECTOR DUE.. ON PAYMENTS CALL ( 415) 46&6133. ON VALUATIONS CALL (415) 43&7216 MS MOSQUITO #1 (800)273 -5167 TIBURON- SANITARY (415)435 -1501 REED SCH ASSMT (415)383 -1116 TAM UNION H SCH DIST (415)945 -3709 MR:ST HILRY -OP SP 93 (866)807 -6864 MR: TIB - LIBRARY 95 -1 (800)676 -7516 MMWD- FIREFLOW (415)945 -1404 MR:ST HILARY CFD97 -1 (866)807 -6864 VALUATIONS - (415)499 -72,15 TO SEE WHERE YOUR TAX DOLLARS 60 LOOK AT EO•MARINI- -CA •USL,TAXINFO, abled. property exerrlptiorts~ and Ofha; ;�,,. infonnatian. PAYMENT BY CREDIT CARD OR ELECTRONIC CHECK IS BY PHONE OR INTERNET ONLY CALL 1. 800 - 985 -7277 FOR OPTIONS AND FEES OR VISIT: www.co.marin.ca.us /paytax VISIT OUR WEB SITE AT: www.co.marin.ca.us/taxes/ VISIT THE COUNTY'S WEB SITE AT: www.co.marin.ca.us FULUASSESSED VALUE 'I EXEMPTION DETAIL' RATES AND DISTRIBUTIONS OF AMOUNTS BY TAXING AGENCIES TAXING AGENCY LEVYI RATEIFUND AMOUNT BASIC TAX 0 1.0000 18,480.42 SCHOOL BONDS 1 .1202 2,221.26 MS MOSQUITO #1 3 105110 .10.72 TIBURON- SANITARY 3 105421 600.00 REED SCH ASSMT 3 107351 338.44 TAM UNION H SCH DIST 3 107761 231.82 MR: TIB- LIBRARY 95 -1 3 109177 66.00 MMWD - FIREFLOW 3 109192 75.00 MR:ST HILRY -OP SP 93 3 109142 98.00 MR:ST HILARY CFD97 -1 3 109194 98.00 1ST INSTALLMENT 2nd INSTALLMENT TOTALTAX 11,109.83 11,109.83 22,219.66 10% PENALTY AFTER 10 %PENALTY +10.00 COST PENALTIES APPLY DECEMBER 10M AFTER APRIL 10th WHEN SHOWN BELOW MARIN COUNTY SECURED TAX STATEME' USE THIS PARCEL NO ON ALL CHECKS AND CORRESPONDENCE 1304; PAF{CELNUMBER @ILL NUM @1 059 - 102 -17 09 -670E K2 PROPERTIES LLC PO BOX 12705 OAKLAND CA 94604 -2705 SRUS AOONF55 1704 TIBURON BLVD TIBURON MS MOSQUITO #1 TIBURON- SANITARY REED SCH ASSMT TAM UNION H SCH DIST MR:ST HILRY -OP SP 93 (800)273 -5167 (415)435 -1501 (415)383 -1116 (415)945 -1037 (866)807 -6864 July 1, 2009 to June 30, 2010 DUES MR: TIB- LIBRARY 95 -1 (800)676 -7516 MMWD- FIREFLOW (415)945 -1404 MR:ST HILARY CFD97 -1 (866)807 -6864 VALUA �VQhM j � ^e t �i'9Pi�17)2 5 TO SE jIi�tl YO j TN b�LARS . Gb L Fm tfi^ I iffk 111�A.,YnrV3 IAA( 146yolur bill. I ne ax. ollecior cannot ne responsible for erroneous payments. See reverse side for senior, disabled, property exemptions and other important tax information. PAYMENT BY CREDIT CARD OR ELECTRONIC CHECK IS BY PHONE OR INTERNET ONLY CALL 1- 800 - 985 -7277 FOR OPTIONS AND FEES OR VISIT: wwwcomarinca.us/paytax VISIT OUR WEB SITE AT: www.co.marin.ca.us/taxes/ VISIT THE COUNTY'S WEB SITE AT: www.co.marin.ca.us `FULUASSESSEDVALUE' LAND NPR BBB, BUS PERS MICHAEL J. SMITH,TAX COLLECTOR ON PAYMEWS CALL (Y15) 49MIN, M VALUATIONS CALL (M5) 45P"15 22,069.28 TOTALI 1 1 852, 4351 1,852,435 1 22,069-28 RATES AND DISTRIBUnONS OF AMOUNTS BY TAXING AGENCIES TAXING AGENCY LEVY RATEIFUND AMOUNT BASIC TAX 0 1.0000 181524.34 SCHOOL BONDS 1 •1168 2,163.56 MS MOSQUITO #1 3 105110 10.72 TIBURON- SANITARY 3 105421 480.00 REED SCH ASSMT 3 107351 328.58 TAM UNION H SCH DIST 3 107761 225.08" MR: TIB- LIBRARY 95 -1 3 109177 66.00 MMWD - FIREFLOW 3 109192 75.00 MR:ST HILRY -OP SP 93 3 109142 98.00 MR:ST HILARY CFD97 -1 3 109194 98.00 TOTAL 1.1168 223069.28 1STINSTALLMENT 2nd INSTALLMENT TOTAL TAX 11,034.64 111034.64 22,069.28 10% PENALTY AFTER DECEMBER 10111 10% PENALTY+ IO.W COST AFTER APRIL 10th PENALTIES APPLY WHEN SHOWN BELOW MARIN COUNTY SECURED TAX STATEME" USETH IS PMCELNO. ON ALL CHECKS MD CORIESPONOEWE .'rARDEL NUM9E11` BILL NUMBEN� 059- 182 -17 08 -67120 K2 PROPERTIES LLC PO BOX 12705. OAKLAND CA 94604 -2705 TAX 1704 TIBURON BLVD TIBURON July 1, 2008 to June 30, 2009 MICHAEL J. SMITH, TAX COLLECTOR OUL 4S. ONPAYMEMSCALL1415) 49P9199 .ONVQUALONSCALL(415)40.7215 SXRATEAREA GROSS TAX AMOUM FULUASSESSED VALUE EXEMPTION DETAIL 11 -008 21,4119.62 MS MOSQUITO #1 (800)273 -5167 TIBURON- SANITARY (415)435 -1501 REED SCH ASSMT (415)383 -1116 TAM UNION H SCH DIST (415)945 -3709 MR:ST HILRY -OP SP 93 (866)807 -6864 MR: TIB- LIBRARY 95 -1 (800)676 -7516 MMWD - FIREFLOW (415)945 -1404 MR:ST ��HppIL��A}}RY CCpF((��D''97 -1 F((8J6666))88077 -6864 TOLSENrWHERTYO'UX D'OL'L'AKS 015 L i)KniprT thi �!I A NI! �d� F�i''d5( -Nf your bill. he Fax Collector cannot e responsible for erroneous payments. See reverse side for senior, disabled: property exemptions and other important tax information. , PERS TOTAL TAC REUv BASIC TAX 0 1.0080 18,161.16 SCHOOL BONDS 1 .1037 1,883.22 MS MOSQUITO #1 3 105110 10.72 TIBURON- SANITARY 3 105421 480.00 REED SCH ASSMT 3 107351 319.00 TAM UNION H SCH DIST 3 107761 218.52 MR: TIB- LIBRARY 95 -1 3 109177 66.00 MMWD- FIREFLOW 3 109192 75.00 MR:ST HILRY -OP SP 93 3 109142 98.00 MR:ST HILARY CFD97 -1 3 109194 98.00 PAYMENT BY CREDIT CARD OR ELECTRONIC CHECK IS BY PHONE OR INTERNET ONLY T O T A L CALL 1. 800 - 985 -7277 FOR OPTIONS AND FEES OR VISIT: www.co.marin.cams/paytax 1ST INSTALLMENT 2nd INSTALLMENT 9. VISIT OUR WEB SITE AM www.co.marin.ca.us/taxes/ 10,704-81 10 '7 0 4 . 81 21,409-62 VISIT THE COUNTY'S WEB SITE AT: www.co.marin.ca.us 10% PENALTY AFTER 10 %PENALTY +10.00 COST PENALTIES APPLY DECEMBEA101h AFTER APRIL 1Dth I WHEN SHOWN BELOW MARIN COUNTY SECURED TAX STATEME' USE THIS PARCEL NO ON AU_ CHECK AND CORRESPONDENCE PARCEL NUMBER B 059- 102 -17 07- K2 PROPERTIES LLC PO BOX 12705 OAKLAND CA 94604 -2705 5RL6 ' ain —„ .—.n nw,,5E 1704 TIBURON TIBURON 1:1911 July 1, 2007 t0 June, 30 2008 MICHAEL J. SMITH, TAX COLLECTOR OUEI :ON PAYMENTS CALL (115) 499.6133. ON VALUATIONS CALL (4151111-1111 FULL /ASSESSED VALUE EXEMPTION DETAIL """� ""� 11 -008 21,37 MS MOSQUITO #1 (800)273 -5167 TIBURON- SANITARY (415)435 -1501 REED SCH ASSMT (415)383 -1116 TAM UNION H SCH DIST (415)945 -3709 MR:ST HILRY -OP SP 93 (866)807 -6864 MR: TIB-LIBRARY 95 -1 (800)676 -7516 MMWD - FIREFLOW (415)945 -1404 MR:ST HILARY CFD97 -1 (866)807 -6864 VALUATIONS i 4,}5);3 - Y,r7215 TO SEE WHERE YOUR TA'D LL`ARS GO LpOk „I'AT "I'COi.MA(RL N.'CA,.CU9YT'AXI)NFO' ill. 'ac :ax Collector cannot be responsible for slront;c>us paymcnts. See reverse side for senior, dsabl -d. p-aperiy exemptions and ether important 1Fi ?: Iil i CIrrrlafiOn. PAYINIENT BY CREDIT CARD OR ELECTRONIC CHECK IS BY PHONE OR INTERNET ONLY CALL I- 800 - 985 -7277 FOR OPTIONS AND FEES OR VISIT: wwW.co.marin.ca.us /paytax VISIT OUR WEB SITE AT. www.co.marin.ca.us /taxes/ VISIT THE COUNTY'S WEB SITE AT. WWW.CO.marin.Ca.US IAND 1,011,037 76- 9,477 BUR PERS TOTAL 1,780,514 1,780,514 21,374.74 RATES AND DISTRIBUTIONS OF AMOUNTS BY TAXING AGENCIES TAXING AGENCY LEVY RATE I FUND AMOUNT BASIC TAX 0 1.0000 17,805.14 SCHOOL BONDS 1 .1247 2,220.22 MS MOSQUITO #1 3 105110 10.72 TIBURON-SANITARY 3 105421 480.00 REED SCH ASSMT 3 107351 309.50 TAM UNION H SCH DIST 3 107761 212.16 MR: TIB- LIBRARY 95 -1 3 109177 66.00 MMWD - FIREFLOW 3 109192 75.00 MR:ST HILRY -OP SP 93 3 109142 98.00 MR:ST HILARY CFD97 -1 3 109194 98.00 TOTAL 1.1247 21,374.74 1ST INSTALLMENT 2ND INSTALLMENT TOTALTAX 10,687.37 10,687.37 21,374.74 10% PENALTY AFTER 10 % PENALTY + 10.00 COST PENALTIES APPLY MARIN COUNTY SECURED TAX STATEME''- USETHISPAPCELNO . ONAMCHECILSANDCO R ONOENCE :PARCEL NUMBER BILL NUMBER 059 - 102 -17 06 -68994 K2 PROPERTIES LLC PO BOX 12705 OAKLAND CA 94604 -2705 611U5 ..HESS 1704 TIBURON BLVD TIBURON July 1, 2006 t0 June, 30 2007 MICHAEL J. SMITH, TAX COLLECTOR DUEL ON PAYMENTS CALL (415)499 -6133, ON VALUATIONS CALL 1415)4994215 X RATE AREA - AI GROSS TAX AMOUNT FUWASSESSED VALUE EXEMPTI ON DETAIL 11 -008 201770.62 M/S MOSQUITO -VCD #1 (800)273 -5167 TIBURON- SANITARY (415)435 -1501 REED SCH ASSMT (415)383 -1116 TAM UNION H SCH DIST (415)945 -3709 MR:ST HILRY -OP SP 93 (866)807 -6864 MR: TIB- LIBRARY 95 -1 (800)676 -7516 MMWD - FIREFLOW (415)945 -1404 MR:ST HILARY CFD97 -1 (866)807 -6864 VALuAMP RTANT INFORMAT4@N7215 TPXE§fHl tWAUFcaYgMq. ISM s4hN4A uP9ll. L�Y{)J( T&xT Ccg@0t�1f &Nn(PAhLU WETpgiMgfel) for erroneous payments. See reverse side for senior, disabled. property exemptions and other important tax information. PAYMENT BY CREDIT CARD OR ELECTRONIC CHECK IS BY PHONE OR INTERNET ONLY CALL 1- 800 - 985 -7277 FOR OPTIONS AND FEES OR VISIT: www.co.marin.ca.us /paytax VISIT OUR WEB SITE AP. www.co.marin.ca.us /taxes/ VISITTHE COUNTY'S WEB SITE AT www.CO.marin.Ca.US IMPR BUS PERE TOTAL RATES AND DISTRIBUTIONS OF AMOUNTS BASIC TAX 0 1.0000 17,456.14 SCHOOL BONDS 1 .1174 2)049.28 M/S MOSQUITO -VCD #1 3 105110 10.72 TIBURON- SANITARY 3 105421 411.00 REED SCH ASSMT 3 107351 300.50 TAM UNION H SCH DIST 3 107761 205.98 MR: TIB- LIBRARY 95 -1 3 109177 66.00 MMWD- FIREFLOW 3 109192 75.00 MR:ST HILRY -OP SP 93 3 109142 98.00 MR:ST HILARY CFD97 -1 3 109194 98.00 TOTAL 10,385.31 10% PENALTY AFTER 1.1174 2ND INSTALLMENT 10,385.31 10% PENALTY + 10.00 COST 20,770.62 TOTAL TAX 20,770.62 PENALTIES APPLY MARIN COUNTY SECURED TAX STATEMEf USE 1R �9 PARCEL N0. CN ALL CHECIf3 AXO CIXIRESPOM19ENCE +' PARCEL NUMBER" BILL NUMBER ..- 059- 102 -17 05- 167621 K2 PROPERTIES LLC PO BOX 12705 OAKLAND CA 94604 -2705 31N5 1 'ZOPE" 1704 TIBURON BLVD TIBURON July 1, 2005 t0 June, 30 2006 ( MICHAEL J. SMITH, TAX COLLECTOR ODES ON PAYMENTS CALL (415) 499-6133. ON VALUATIONS CALL (415) 4W7215 ,C RATE AREA: '- - GROSS TAX AtUOUNT- " FULUASSESSED VALUE EXEMPTION ' DETAIL - 11 -008 20,160.48 M/S MOSQUITO -VCD #1 (800)273 -5167 TIBURON FIRE (415)435 -7200 TIBURON- SANITARY (415)435 -1501 REED SCH ASSMT (415)383 -1116 TAM UNION H SCH DIST (415)945 -3709 MR:ST HILRY -OP SP 93 (866)807 -6864 MR: TIB- LIBRARY 95 -1 (800)676 -7516 MMWD - FIREFLOW (415)945 -1404 MR:ST1MID MqYA+WPIF y •' A (A)fq Pj�y -6864 V z TATI N (415)499 -7115 C f rr I.I Uf I. h . x f .aQ no �" Uy�U `I WI for L r TS _ C, I �E YE 2 'Y; b S QTiDr, disabled: property exemptions and oth•Jr important tax information. PAYMENT BY CREDIT CARD OR ELECTRONIC CHECK IS BY PHONE OR INTERNET ONLY CALL 1- 800 - 985 -7277 FOR OPTIONS AND FEES OR VISIT. www.co.marin.ca.us /paytaX VISIT OUR WEB SITE AT. www.co.marin.ca.us/taxes/ VISrr THE COUNTYS WEB SITE AT. www.CO.marin.Ca.US AND _ 971,784 MPR _ 739, 6.0.3 Res - - - - - -- MRS TOTAL 1 1,711,3 BASIC TAX 0 1.0000 17,113.86 SCHOOL BONDS 1 .1049 1,795.18 M/S MOSQUITO -VCD #1 3 105110 9.74 TIBURON FIRE 3 105290 62.00 TIBURON- SANITARY 3 105421 351.00 REED SCH ASSMT 3 107351 291.74 TAM UNION H SCH DIST 3 107761 199.96 MR: TIB- LIBRARY 95 -1 3 109177 66.00 MMWD - FIREFLOW 3 109192 75.00 MR:ST HILRY -OP SP 93 3 109142 98.00 MR:ST HILARY CFD97 -1 3 109194 98.00 TOTAL 1ST INSTALLMENT 10,080.24 10% PENALTY AFTER 1.1049 10,080.24 10% PENALTY + 10.00 COST 20,160.48 TOTALTAX 20,160.48 PENALTIES APPLY MARIN COUNTY SECURED TAX STATEMF USE THIS PPRCEL NOON ALL CHECKS AND OORI E PUYDENCE PARCEL NUMBER ±. BILLNUMBER 059 - 102 -17 04 -68735 K2 PROPERTIES LLC PO BOX 12705 OAKLAND CA 94604 -2705 SINS �t ADDMSS 1704 TIBURON BLVD TIBURON July 1, 2004 to June, 30 2005 UC RATEfAREA PULL/ASSESSEDVALUE 11 -008 MARIN /SON MOSQ & VCD (800)273 -5167 TIBURON FIRE (415)435 -7200 TIBURON- SANITARY (415)435 -1501 REED SCH ASSMT (415)383 -1116 TAM UNION H SCH DIST (415)945 -3709 MR:ST HILRY -OP SP 93 (866)807 -6864 MR: TIB- LIBRARY 95 -1 (800)676 -7516 MMWD - FIREFLOW (415)945 -1404 MR: STjMjD TAgfPq&'P0F"0 8j 6864 V LUATI N L Pf (415 499 -7 5 LOOPK 1 �Cf�{DU�flnA�IS�igCT� fO erroneous paymeTnlfS. wee reverse Side for senior, Isa led, property exemptions and other important tax information. Payment By Credit Card or Electronic Check is by phone or internet only Call 1- 800 - 985 -7277 for options and fees or visit: www.co.marin.ca.us /paytax VISIT OUR WEB SITE AT: Www.Co.marin.ca.us /taxes/ VISIT THE COUNTY'S WEB SITE AT: www.CO.marin.Ca.UB 952,730 IMPq 725, 101 sus PEPS MICHAEL J. SMITH, TAX COLLECTOR OUL S: ON PAYMENTS CALL (415) 4996139. ON VALUA90NS CALL 141511997216 EXEMPTION DETAIL . GROSS FAX AMOUNT 20,123.74 TOTAL I 1,677,831 1 1,677,831 1 20,123.74 RATES AND DISTRIBUTIONS OF AMOUNTS BY TAXING AGENCIES BASIC TAX 0 1.0000 16,778.30 SCHOOL BONDS 1 .0900 1,510.00 MARIN /SON MOSQ & VCD 3 105110 5.00 TIBURON FIRE 3 105290 99.20 TIBURON- SANITARY 3 105421 916.86 REED SCH ASSMT 3 107351 283.24 TAM UNION H SCH DIST 3 107761 194.14 MR: TIB- LIBRARY 95 -1 3 109177 66.00 MMWD- FIREFLOW 3 109192 75.00 MR:ST HILRY -OP SP 93 3 109142 98.00 MR:ST HILARY CFD97 -1 3 109194 98.00 TOTAL I 11.0900 1 20,123.74 10,061.87 10,061.87 20,123.74 10% PENALTY AFTER 10% PENALTY + 10.00 COST PENALTIES APPLY TOWN OF TIBURON NOTICE OF PUBLIC HEARING Wednesday, August 14, 2013 at 7:30 P.M. Town Council Chambers, 1505 Tiburon Boulevard Notice is hereby given that the Tiburon Planning Commission will hold a public hearing to consider an application filed by Decker - Bullock Realty for a conditional use permit to establish a professional real estate sales office in the Village Commercial zone. The use is proposed to be located at 1704 Tiburon Boulevard (fronting Fountain Plaza) and would occupy an approximately 1,295 square'foot vacant space formerly occupied by a dry cleaning establishment. The project site is Marin County Assessor Parcel No. 059 -102- 17. The public hearing will be held at the Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California, on Wednesday, August 14, 2013. The meeting will begin at 7:30 P.M. Information on this item is available for review at the Tiburon Community Development Department at Tiburon Town Hall, 1505 Tiburon Boulevard, Tiburon, CA 94920. Questions regarding this application should be directed to Scott Anderson, Director of Community Development, at (415) 435 -7392. NOTICE OF LIMITATION ON LEGAL CHALLENGES Pursuant to Section 65009 of the California Government Code, please be advised that if you challenge the Town's decision on this application in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Town at or prior to, the public hearing. Scott Anderson Dated: August 1, 2013 Director of Community Development Exhibit "B" Town of Tiburon • 1505 Tiburon Boulevard • Tiburon, CA 94920 • P. 415.435.7373 F. 415.435.2438 • w ..d.riburon.m.w Community Development Department December 20, 2010 Maria French Cleaners s, 28 Circle Drive, Apt. D 1egr la rtz Tiburon, CA 94920 f p a ... t� � r tai .. . RE: 1704 TIBURON BOULEVARD: APPROVAL OF SIGN PERMIT fllmt APPLICATION FOR MARIA FRENCH CLEANERS WITH A MINOR.... SIGN AREA EXCEPTION (File 951012); Assessor Parcel Number: 059 - ns 102 -17 e` .. .. Dear Sir or Madam: ... µii . This letter is to advise you that the Tiburon Planning Division has approved the abov&nmecgto3bonnell i:4cyg?„ainrber referenced sign permit application as of the date of this letter, subject to the following ��,,: findings and conditions of approval: K., Findings A. The application has been reviewed for conformance with Chapter 16A (Signs) of the Tiburon Municipal Code and has been determined to be in substantial conformance therewith. The business frontage was determined to be 75 linear feet, resulting in 18.75 square feet of allowable sign area, in conformance with Section 16A- 720(a) of the Municipal Code. This application proposes 21.0 square feet of sign area. The number of signs approved (2) conforms to provisions of Section 16A- 720(d) of the Municipal Code .(1 wall sign, 1 projecting sign) subject to a Minor Sign Area Exception. B. The Tiburon Building Division has indicated that building permits will not be required for this type of sign pursuant to the Building Code. C. The location of the sign appears to be on private property and thus no encroachment permit is required. D. The sign appears consistent with the purpose and intent'of the Tiburon Sign Ordinance and in conformance with the Principles of Review set forth in Section 16A -4 of the Municipal Code in that the proposed sign design is not garish and is compatible and in harmony with the building. E. A Minor Sign Area Exception is required for the proposed sign area of 21.0 square feet. Staff has determined that the necessary findings can be made, pursuant to Section 16A.520(c) of the Sign Ordinance. F. No illumination is proposed as part of this application. G. The application has been reviewed with respect to the guidelines set forth in the Downtown Tiburon Design Handbook at pages 49 -55, and found to be consistent therewith in terms of colors, materials, sign type and location. Conditions of Aooroval This permit approves signage for the business located at 1704 Tiburon Boulevard in the Town of Tiburon. The total area of the signs approved in this application shall not exceed 21.0 square feet. The signs shall be in conformance with the application approved by the Town of Tiburon on December 20, 2010, as amended by these conditions of approval. Any modifications to the application as approved must be reviewed and receive. Tiburon Planning Division approval.. 2. Compliance with all applicable safety codes is required. 3. The issuance of this sign permit shall not be valid if the approval constitutes a violation of the Tiburon Sign Ordinance (Chapter 16A of the Tiburon Municipal Code). No permit presuming to give authority to violate or cancel the provisions of said chapter shall be valid. 4. The Town may make inspections as necessary to determine whether any sign is in compliance with this approval and other applicable regulations. Reasonable notice shall be provided when the inspection requires access to areas other than those available to the general public. 5. Dilapidated signs are prohibited. The sign owner shall maintain the sign and all supporting components in good repair and finish. Substantially deteriorated, badly weathered, rusty, or otherwise poorly maintained signs shall be subject to public nuisance abatement or other available remedies. 6. This sign permit shall be valid for 180 days following approval, and shall expire and become null and void unless the signs, as approved, are erected prior to that date, unless an application for time extension, filed in writing with the Planning Division, is granted by the Director of Community Development. 7. If this approval is challenged by a third party, the property owner /applicant will be responsible for defending against this challenge. The property owner /applicant agrees to defend, indemnify and hold the Town of Tiburon harmless from any costs, claims or liabilities arising from the approval, including, without limitations, any award of attorney's fees that might result from the third party challenge. Appeal Procedures Appeal of the Planning Division's decision may be made by the applicant or any aggrieved person within five (5) working days following the date of the decision. Appeals shall be filed with the Town Clerk and submitted in writing on the prescrib form accompanied by the appropriate filing fee of $300. Appeals are scheduled befi the Design Review Board whose decision is final. Please call me at 435 -7397 should you have any questions. Sincerely, Laurie Tyler " Associate Planner Enc: Copy of approved and stamped - drawings (2 sheets). C: K2 Properties LLC PO Box 12705 Oakland, CA 94604 PLANNING DIVISION COURTESY NOTICE OF SIGN PERMIT APPLICATION ADDRESS: 1704 Tiburon Boulevard APPLICANT /OWNER: Maria French Cleaners /K2 Properties, LLC FILE NO.: 51012 NOTICE IS HEREBY GIVEN that an application for a Sign Permit for the propel located at the above - listed address was filed with the Town of Tiburon Planning on November 9, 2010. lAty6 PROJECT DESCRIPTION: Proposal to install a wall sign and a projecting sign located at the front of the business on fountain plaza (Maria French Cleaners) t The combined signs would have a total proposed sign area of 21.0 square Both of the signs would utilize black and gold lettering with the message "Mari French Cleaners". No illumination is proposed. The maximum permitted sign uWw area for this establishment is 18.75 square feet; therefore the applicant has it requested a minor sign exception for the additional 2.25 square feet. The application is on file and available for public review at the office of the Town of Tiburon Planning Division. The proposed project has been determined to be categorically exempt from the requirements of the California Environmental Quality pursuant to Section 15301. No hearing is scheduled to be held prior to a decision being reached on this applica A decision on this application is scheduled to be reached administratively by Planning Division no earlier than December 20, 2010. Written comments on the application are being accepted until the end of the business day prior to this schedu decision date. Questions or comments on the application should be directed to Lau Tyler, Associate Planner at (415)- 435 -7397 or by email at Ityler(a)ci.tiburon.ca.us. Appeal of the administrative decision of the Planning Division may be made by the applicant urany aggrieved person within five (5) business days following the date of the decision. Appeals shall be filed with the Town Clerk and submitted in writing on the fir:;. prescribed Town of Tiburon Notice of Appeal form accompanied by the appropriate fillhg fee. Appeals are $500 if filed by the applicant, or $300 if filed by a person other thanhxe.'`.;' applicant. Appeals are heard at a public meeting before the Design Review Board. . Laurie Tyler, Associ fanner Date TOWN OF TIBURON NOTICE OF PUBLIC HEARING Wednesday, January 13, 2010 at 7:30 P.M. Town Council Chambers, 1505 Tiburon Boulevard Notice is hereby given that the Tiburon Planning Commission will hold a public hearing to consider an application filed by RSB Vineyards, LLC dba Uptick Vineyards for a Conditional Use Permit to operate an on -sale and off -sale wine business in Downtown Tiburon. The use would include a wine tasting room with sale of wine by the glass for consumption on the premises, as well as by the bottle for consumption off premises: The use would be located at 1704 Tiburon Boulevard. The Marin County Assessor's parcel number for this property is 059- 102 -17. The public hearing will be held in the Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. The Planning Commission will meet on Wednesday, January 13, 2010. The meeting will begin at 7 :30 F.M. Information on these items is available for review in the Tiburon Planning Division. Questions regarding this application should be directed to Laurie Tyler, Associate Planner, at (415) 435 -7397. NOTICE OF LIMITATION ON LEGAL CHALLENGES Pursuant to Section 65009 of the California Government Code, please be advised that if you challenge the Town's action on this application in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Town at, or prior to, the public hearing. Laurie Tyler Associate Planner Date: 12/17/2009 LEGAL NOTICE TO BE PUBLISHED IN THE ARK ON DECEMBER 23, 2009 Town of Tiburon • 1505 Tiburon Boulevard • Tiburon, CA 94920 • P. 415.435.7373 F. 415.435.2438 • wvvvvd.uburon.mus December 11, 2006 Lynne Hollerbach 2 Bridge Road Larkspur, CA 94939 SUBJECT: Conditional Use Permit Application #10604; 1704 Tiburon Boulevard Dear Ms. Hollerbach: I have reviewed the information and plan you submitted for a Conditional Use Per to operate a "Refresh" Day Spa and Juice Bar for the property located at 1 Tiburon Boulevard in Tiburon (File #10604). The application is in compliance with the Town's Conditional Use Permit Rev requirements and the application is hereby deemed to be complete. This proj has been scheduled for the January 10, 2007 Planning Commission meeting. If you have any questions regarding this matter, please call me at (415) 435 -7397. Sincerel , Laurie Tyler Associate Planner C: Peter Walz, Architect 88 Golden Hinde Boulevard San Rafael, CA 94903 K2 Properties, LLC Attn: Kia Zandvakili PO Box 12705 Oakland, CA 94604 -2705 Vesa Becam Keegan & Coppin Company, Inc. 101 Larkspur Landing Circle, First Floor Larkspur, CA 94939 -1746 TOWN OF TIBURON STAFF REPORT _ ITEM NO. TO: DESIGN REVIEW BOARD FROM: EMI THERIAULT, ASSOCIATE PLANNER SUBJECT: 1700 TIBURON BOULEVARD; FILE #700202; SITE PLAN AND ARCHITECTURAL REVIEW FOR RENOVATIONS TO THE FACADE OF AN EXISTING COMMERCIAL BUILDING MEETING DATE: DECEMBER 7, 2000 REPORT DATE: NOVEMBER 30, 2000 PROPERTY OWNERS/ APPLICANTS: KIA ZAND VAKILI AND KATAYOON ALEXANDER PROJECT DATA: ADDRESS: ASSESSOR'S PARCEL: FILE NUMBER: LOT SIZE: ZONING: GENERAL PLAN: FLOOD ZONE: DATE COMPLETE: CEQA EXEMPTION: PERMIT STREAMLINING ACT DEADLINE: 1700 TIBURON BOULEVARD 059 - 102 -17 700202 3,540 SQUARE FEET V -C (VILLAGE COMMERCIAL) V -C (VILLAGE COMMERCIAL) C NOVEMBER 17, 2000 DECEMBER 7, 2000 FEBRUARY 6, 2001 ENVIRONMENTAL DETERMINATION: This proposal is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as specified in Section 15301. TIBURONDESIGNREt1IEWBOARD STAFFREPORT DECEMBER 7, 2000 1 issues with this project. r. As the construction of the improvements to the building would be conducted in an area of limited parking, Staff is recommending a condition of approval requiring the applicant to submit a construction staging plan for the Building Official's review and approval. Zoning Staff has reviewed the proposal and finds it to be in conformance with the development standards for the V -C zone. Public Comment Staff has received a letter from the Char of the Heritage and Arts Commission. Ms. Kline concerns about the project are expressed in this letter, dated November 17,.2Q.00. (Exhibit. 5). RECOMMENDATION: The Board should review this project with respect to Zoning Ordinance Section 4.02.07 (Guiding Principles). If the Board finds the design to be acceptable and in conformance with the Town's Design Guidelines, then Staff recommends that the attached conditions of approval be applied. ATTACHIVMNTS: 1. Conditions of approval 2. Application and supplemental materials dated October 31, 2000 3. Submitted plans received October 31, 2000 4. Letter, dated November 21, 2000, from Senior Planner Watrous to the applicant 5. Letter, dated November 17, 2000, from Ms. Kline, Chair of the Heritage and Arts Commission TIBURONDESIGNREWEWBOARD STAFFREPORT DECEMBER 7, 2000 TG. .i OF TIBURON LAND DEVELOPMENT APPLICATION 0 Conditional Use Permit 0 Precise Development Plan 0 Conceptual Master Plan 0 Rezoning /Prezoning 0 Zoning Text Amendment 0 General Plan Amendment TYPE OF APPLICATION 0 Design Review (DRB) IIB.Design Review (Staff level) 0 Variance 0 Sign Permit 0 Tree Permit 0 Underground Waiver C .... 0 Tentative Subdivision Map 0 Final Subdivision Map 0 Parcel Map 0 Lot Una Adjustment 0. Certificate of Compliance 0 Other APPLICANT REQUIRED INFORMATION SITE ADDRESS: I1/ib 7cSuaoM 'gcyI..&yAeP PROPERTY SIZE: PARCEL NUMBER: 05,1- 102- 17 ZONING: VG aou� TeaTT 1V®. d6 OWNEROFPROPERTY: VGA ?J�NOYNCII -1 t tGA'�Y onl F4LEf(pNt�F. K &rG TRoP61C[I�r$ MAILING ADDRESS: 1.055 FAML -ANE Va\VE CITY /STATE /ZIP: OprV -L ic, (AUGoRwJA.4 9'4611 PHONE NUMBER: 925. SZP.3937 FAX SIo.k2o, l3( S APPLICANT: (Other than Property Owner) MAILING ADDRESS: CITY /STATE /ZIP: PHONE NUMBER: FAX ARCHITECT /DESIGNER/ENGINEER: MAILING ADDRESS: CITY /STATE /ZIP: PHONE NUMBER: PAX Please indicate with an asterisk (*) persons to whom correspondence should be sent. BRIEF DESCRIPTION OF PROPOSED PROJECT (attach separate sheet if needed): I, the undersigned. owner (or authorized agent) of the property herein described, hereby make application for approval of the plats submitted and made a part of dtis application in accordance with the provisions of the Town Ordinances, and I hereby certify that the information given is true and correct to the best of my knowledge and belief. I understand that the requested approval is for my benefit (or that of my principal). Therefore, if the Town grants the approval, with or without conditions, and that action is challenged by a third party, I will be responsible for defending against this challenge. I therefore agree to accept this responsibility for defense at the request of the Town and also agree to defend, indemnify and hold dte Town harmless from any costs, claims or liabilities arising from the approval, including, without limitation, any award of attorneys fees that might result from the third party challenge. Signature: � / Date: 1,0.27.Da (If other than i5wrier, must have letter from owner) DONOT WRITE BELOWTHIS LINE' _ DEPARTMENTAL PROCESSING INFORMATION Application No,:.7OD��_/ Fee Deposit: pc.Li/i Date Received: Ol/ Received By: -1 Receipt _# Date Deemed Complete: } L - By;- - Acting Body:: S t IQ, zti : �(3a-d Dzl d ,..T tion: Date. Conditions of Approval or Comm n a:. u u Resolution or Ordinance #: � omd,evtie 9188 EY,TIIBIT INO, A ca D 4 in L j 1-:5 --o EY,TIIBIT INO, A ca D 4 TOWN OF TIBURON November 21, 2000 Kia Zandvakili K &K Properties 6055 Fairlane Drive Oakland, CA 94611 -1849 Dear Mr. Zandvakili: EXTHIBIT INTO.-I: 1505 TIBURON BOULEVARD TIBURON • CALIFORNIA 94920 • (415) 435 -7373 FAX (415) 435 -2436 I am writing to follow up on our telephone conversation today regarding the property at 1700 Tiburon Boulevard. As we discussed, the Town of Tiburon does not require permits or Design Review approval to simply paint an existing building without any other changes to the existing exterior building materials. If work is proposed that requires Design Review approval due to a change in the exterior design or materials of a building, the color of the finished exterior is subject to Design Review approval. Please call me at (415) 435 -7393 if you have any further questions regarding this matter. mcerely, Daniel M. Watrous Senior Planner �. C Town OF TiBuRON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Members of the Planning Commission Community Development Department Planning Commission Meeting October 23, 2013 Agenda Item: ? Consider Recommendation to the Town Council Regarding Various Text Amendments to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code Staff recommends a number of clean -up text amendments to the Tiburon Zoning Ordinance to address issues that have arisen and to correct or clarify minor text discrepancies and/or errors that have been discovered since the adoption of the comprehensive Zoning Ordinance update in 2010 and the most recent Zoning Ordinance update in 2012. ANALYSIS The following amendments are proposed to the text of the Zoning Ordinance: ARTICLE H (ZONES AND ALLOWABLE LAND USES) 16 -22 Commercial Zones As a result of the Planning Commission's recent denial of a conditional use permit application for a ground floor office use on property located at 1704 Tiburon Boulevard, Town staffhas looked into whether the areas in which such office uses are generally not permitted should be expanded. Currently, Section 16- 22.030 (B[2]) (Permitted uses in the VC zone) reads as follows: "Street- fronting ground floor office uses shall not be permitted on Main Street, covering street addresses 1 through 100 Main Street inclusive." In addition, Section 16- 22.030 (A[1 (e)]) (Permitted uses in the NC zone) reads as follows: "Tiburon Boulevard- fronting ground floor office uses shall not be permitted in newly - constructed or redeveloped buildings located along "Upper Tiburon Boulevard ", as that area is defined in the Tiburon General Plan Downtown Element on Diagram 4.4 -1, without the granting of a Conditional Use Permit in compliance with Section 16- 52.040 (Conditional Use Permits) and an exception in compliance with Subsection 16- 22.040.B (Exception for street - fronting ground floor office use in the NC zone)" TOWN of TIBURON PAGE 1 OF 7 Exhibit "C" Planning Commission Meeting October23,2013 The Tiburon General Plan recognizes that ground floor commercial offices can discourage pedestrian traffic in Downtown Tiburon and lessen the overall economic vitality of the commercial heart of the town. The above - mentioned code sections implement the following policies contained in the Downtown Element of the Tiburon General Plan: DT -3: The Town shall actively promote the economic vitality of its Downtown. DT -16: In order to encourage pedestrian use and enjoyment of Main Street, the Town shall discourage commercial office uses from occupying ground floor space suitable for retail and restaurants on Main Street and Ark Row. Staff reviewed the existing uses and physical characteristics of the properties immediately west of Main Street along Tiburon Boulevard. The existing uses in this area are summarized as follows: 1704 Tiburon Boulevard: Vacant (previously Maria French Cleaners; dry cleaning establishment) 1696 Tiburon Boulevard: New Morning Cafe (restaurant) 1694 Tiburon Boulevard: Grass Shack (restaurant/ice cream parlor) 1690 Tiburon Boulevard: Bradley Real Estate (real estate office) Unique Boutique (retail clothing store) Demo Sports (sports equipment sales and rentals) The building at 10 Main Street/1704 Tiburon Boulevard is situated close to the property line, near Ferry Plaza and lower Main Street and directly adjacent to Fountain Plaza, which has become another major hub for pedestrian traffic in Downtown. The buildings at 1690 -1696 Tiburon Boulevard are similarly located near the front property lines and provide a pedestrian- friendly environment, particularly with the outdoor seating and tables provided by New Morning Cafe and the Grass Shack.. The pedestrian- oriented character of this area diminishes to the west of 1690 Tiburon Boulevard. The next building to the west is the two -story Mantegani building (1680 Tiburon Boulevard), which contains a mix of office and service uses. This building is set far back from Tiburon Boulevard, with a parking lot at the front of the site that interrupts the pedestrian flow along Tiburon Boulevard at this point. There appears to be a clear break in the character of the buildings, uses and activities at the western end of the building at 1690 Tiburon Boulevard. Up to that point, the buildings and improvements along this stretch of Tiburon Boulevard lend themselves toward uses that carry on the pedestrian activity associated with Main Street and are in close proximity to the activities of Ferry Plaza and Fountain Plaza. After that point, the distance from activity centers and the building setbacks are less likely to encourage pedestrians to travel west from Main Street. Staff recommends that Section 16- 22.030 (A[l(e)]) be amended to read as follows: "Street - fronting ground floor office uses shall not be permitted on street addresses 1690 through 1704 Tiburon Boulevard inclusive. Tiburon Boulevard- fronting ground floor office uses shall not be permitted in newly - constructed or redeveloped buildings located along "Upper Tiburon Boulevard", as that area is defined in the Tiburon General Plan TOWN OF TrBuRON PAGE 2 OF 7 Plarwing Coranussion Alecung October 23, 2013 Downtown Element on Diagram 4.4 -1, without the granting of a Conditional Use Permit in compliance with Section 16- 52.040 (Conditional Use Permits) and an exception in compliance with Subsection 16- 22.040.B.1 (Exception for street - fronting ground floor office use in the NC zone)." ARTICLE III (GENERAL DEVELOPMENT STANDARDS AND PARKING STANDARDS) 16 -30 Standards for All Development and Land Uses 16- 30.050 — Height Limits and Exceptions Section 16- 30- 050(D) lists exceptions that maybe granted to the height limits that are contained in the Zoning Ordinance. In most zones, accessory structures are limited to a maximum height of 15 feet. Subsection 2 of this code section states that "spires, flag poles, radio and television towers or antennas, and similar features, of minimal area and bulk, may exceed maximum height limits by up to three feet or as required by the California Building Code." According to this exception, a flag pole would be allowed a maximum height of 18 feet in most zones. However, the Tiburon Sign Ordinance (Chapter 16A of the Municipal Code) includes regulations for flags. Sections 16A.710 (b[4]) and 16A.725 (e) set the maximum height of any freestanding flag pole at 24 feet. To ensure consistency between the Zoning Ordinance and the Sign Ordinance, staff recommends that Section 16- 30- 050(D) be amended to read as follows: 2. Spires, flagpoles, radio and television towers or antennas, and similar features, of minimal area and bulk, may exceed maximum height limits by up to three feet or as required by the California Building Code. The height restrictions shall not apply to antennas for wireless communication facilities licensed by the Federal Communications Commission when a Conditional Use Permit has been obtained for that use in compliance with Section 16- 52.040 (Conditional Use Permit) and Section 16-42 (Wireless Communications Facilities). 5. Flag poles shall have a maximum height of twenty -four feet. ARTICLE V (ZONING PERMT PROCEDURES) 16-52 Permit Review and Decisions 16- 52.020 — Site Plan and Architectural Review An existing building on a lot is often demolished to make way for construction of a new building on the site. In most instances, the applicant indicates a request to demolish the existing building as part of an application to construct a new building. However, on occasion an applicant will request a demolition permit from the Building Division to remove the existing building before a Site Plan and Architectural Review application has been submitted for construction of a new TOWN OF TIBURON PAGE 3 OF 7 C Plannirig Commission Meeting October 23,2013 building. In these cases, the demolition may cause issues related to views, privacy, landscaping, safety and attractive nuisance that would normally be addressed during the Design Review process for the new building on the lot In addition, recent court case law dictates that absent an associated discretionary permit, historic structures may be demolished by obtaining a ministerial building (demolition) permit, without triggering any review under the California Environmental Quality Act. To ensure that these issues are addressed, the categories of "demolition of an existing main building on a lot" and "demolition of any structure on a property listed on a local historic inventory or eligible for listing on a state or federal historic registry" would be added to Section 16- 52.020 (B) as actions that require Site Plan and Architectural Review approval, and added to Section 16- 52.020 (F) to allow the potential for Staff approval of such an application if warranted. Section 16- 52.020 (K) addresses the differences between new construction and remodel projects and the consequences if a project is approved as a remodel project and later becomes a new construction project. Subsection 2 of this section currently reads as follows: 2. If an application is filed and approved as a remodel project, but prior to or during construction expands to become a new construction project as defined herein, all related Zoning and Building Permit approvals shall become null and void. The applicant shall be required to resubmit applications for Site Plan and Architectural Review approval and Building Permits as a new construction project. The Director shall have authority to waive this requirement in cases where the public safety and necessity require the additional demolition, or in de minimi s cases. The inclusion of building permits in this section is inappropriate, as it incorrectly gives authority within the zoning Ordinance over permits that are under the jurisdiction of the Building Code. As a result, staff recommends that Section 16- 52.020 (K[2]) be amended to read as follows: 2. - If an application is filed and approved as a remodel project, but prior to or during construction expands to become anew construction project as defined herein, all aanlicable related Zoning and B Permit approvals shall become null and void. The applicant shall be required to resubmit applications for Zoning Permit approval and BuMag Pemaits as a new construction project. The Director shall have authority to waive this requirement in cases where the public safety and necessity require the additional demolition, or in de minimis cases. 16- 52.040 — Conditional Use Permit Section 16- 52.040 (D) lists the "factors to be considered in determining whether or not any conditional use should be permitted in a specific location." These factors do not include consideration of whether a proposed use would contribute to the vibrancy or vitality of the surrounding area, particularly in Downtown Tiburon. The Downtown Element of the Tiburon General Plan includes the following policies: TOWN OF TIBURON PAGE 4 OF 7 Planning Commission N-leetina October 73, 2013 DT -2: Resident - serving land uses shall be encouraged throughout Downtown. DT -3: The Town shall actively promote the economic vitality of its Downtown. Neighborhood Commercial District Policies DT -12: The Neighborhood Commercial land use designation shall permit primarily resident - serving commercial and residential uses. Village Commercial District Policies DT -16: In order to encourage pedestrian use and enjoyment of Main Street, the Town shall discourage commercial office uses from occupying ground floor space suitable for retail and restaurants on Main Street and Ark Row. To recognize the need to "promote the economic vitality' of Downtown Tiburon, staff recommends that the following section be added to Section 16- 52.040 (D): 6. The contribution that the proposed use would make to sustaining and improving the economic vitality and vibrancy of Tiburon including encoumaging resident - serving or tourist serving uses in appropriate areas and uses that promote pedestrian activity. 16- 52.110 — Home Occupations Section 16- 52.110 (E) includes a typographical error that incorrectly refers to Section 16- 50.020 (Authority for Land Use and Zoning Decisions) as Section 16- 52.020. ARTICLE VII (INCLUSIONARY HOUSING AND DENSITY BONUSES) 16 -70 Amount of In -Lieu Housing Fee Table 7 -1 in Section 16 -70 establishes the amount of in -lieu housing fees that are required to be paid for any residential development creating three through six new lots or dwelling units as a pro rata monetary contribution to the Town's in -lieu housing fund. The fees listed in Table 7 -1 were calculated based upon 2008 income levels and can be updated to reflect 2013 income levels. Staff recommends that Table 7 -1 be amended to read as follows: TOWN OF TIBURON PAGE 5 OF 7 Planning Conunission Nieeting October 23, 2013 Table 7 -1. Example Housing In -Lieu Fee Calculation' Cost to construct a:modeststngle family dwe_Ilrng untt of 1 SOOsquare feet_ _; Assumptions: A. Land and site development costs $350,0002 B. Construction costs @ $2252 per sq. ft. $373;900 337.500 C. Total of A and B above $7237990 687.500 Moderate =m come purchasepnceaffordabil_ify catcGla }ion_ Assumptions: A. Current median income for 4 -person household Effective 293108 1111201 $94iM 101.2002 B. 4 -person household at 80% of median income $75-048 809502 C. 6- 25- 044.500/6 fixed rate mortgage, 95% loan to value ratio, 5% down - payment, 0.7504 1.50%2 private mortgage insurance. f8F a total effeefive martejaw Fate of 7.0% D. 25 %2 for mortgage payment E. Mortgage payment equates to: $43721 690 per month F. Loan amount equates to: $239,000 268.400 G. Affordable purchase price: $230399 282.500 " " -1n Ireu bousing'fee catc 1l_ion jusmg-tfie_se_vanable_sj. -_ _ A. Total construction cost: $72§899687.500 B. Affordable purchase price: $239;399282.500 C. In -lieu housing fee (per unit): $4747399 405.000 Note 1. This is an example of housing in lieu fees, based on 2998 2013 income levels. The Housing Authority updates income levels annually; therefore in -lieu fees will vary by year. 2. Denotes a variable subject to periodic updating or determination by the Director. ENVIRONMENTAL REVIEW The proposed clean -up amendments are exempt from CEQA on the basis that they have no potential to result in adverse impacts on the environment or were adequately analyzed in prior environmental documents prepared for the comprehensive update of the Tiburon Zoning Ordinance in 2010. No further environmental review is required. RECOMMENDATION Staff recommends that the Planning Commission: 1. Hold a public hearing and discuss the proposed text amendments to Chapter 16 (Zoning) of the Municipal Code; and 2. Adopt the attached Resolution (Exhibit 1) recommending approval of the text amendments to the Town Council. TOWN OF TI uRON PAGE 6 OF 7 Planning Conmussion Meeting October 23, 2013 1. Draft Resolution Prepared By. Daniel M. Watrous, Planning Manager S.- IPlanninglPlanning CommissionlSta $Reportsl2O73lOctober23 meetingVAning OrdinanceTextAmendments.doc TOWN OF TIBURON PAGE 7 OF 7 RESOLUTION NO. 2013-(Draft) A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON RECOMMENDING TO THE TOWN COUNCIL ADOPTION OF TEXT AMENDMENTS TO THE TIBURON ZONING ORDINANCE WHEREAS, the Town of Tiburon has initiated text amendments to the Town's Zoning Ordinance, codified as Title IV, Chapter 16 of the Tiburon Municipal Code; and WHEREAS, a display ad notice of the public hearing on the amendments was published in the Ark newspaper on October 9, 2013 and other noticing was provided as required by law; and WHEREAS, the Planning Commission did hold a duly noticed and advertised public hearing on October 23, 2013 and considered any testimony received during the public hearing; and WHEREAS, the Planning Commission has determined that the proposed clean-up amendments are exempt from CEQA on the basis that they have no potential to result in adverse impacts on the environment or were adequately analyzed in prior environmental documents prepared for the Housing Element update in 2012 and for the comprehensive update of the Tiburon Zoning Ordinance in 2010, and that no farther environmental review is required; and WHEREAS, the Planning Commission finds that the proposed zoning text amendments are consistent with the goals, policies, and programs of the Tiburon General Plan and are consistent with the objectives of the Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby recommends that the Town Council adopt the Zoning Ordinance text amendments as set forth in the attached Exhibit "A ", entitled "Town of Tiburon Title IV Chapter 16 of the Municipal Code (Zoning Ordinance), Planning Commission Recommended Amendments, October 2013." PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town of Tiburon held on October 23, 2013, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: LOU WELLER, CHAIRMAN Tiburon Planning Commission ATTEST: SCOTT ANDERSON, SECRETARY Attachment: Exhibit "A" TIBURON PLANNING COMMISSION RESOLUTION NO .2013 {Draft) OCTOBER 23,2013 EXHIBIT NO- .I Exhibit A Town of Tiburon Title IV Chapter 16 of the Municipal Code (Zoning Ordinance), Planning Commission Recommended Amendments, October 2013 ARTICLE H (ZONES AND ALLOWABLE LAND USES) 16 -22 Commercial Zones Section 16- 22.030 (A(l(e)]) shall be amended to read as follows: "Street - fronting ground floor office uses shall not be permitted on street addresses 1690 through 1704 Tiburon Boulevard inclusive. Tiburon Boulevard- fronting ground floor office uses shall not be permitted in newly - constructed or redeveloped buildings located along "Upper Tiburon Boulevard ", as that area is defined in the Tiburon General Plan Downtown Element on Diagram 4.4 -1, without the granting of a Conditional Use Permit in compliance with Section 16- 52.040 (Conditional Use Permits) and an exception in compliance with Subsection 16- 22.040.13.1 (Exception for street - fronting ground floor office use in the NC zone)." ARTICLE III (GENERAL DEVELOPMENT STANDARDS AND PARMNG STANDARDS) 16 -30 Standards for All Development and Land Uses Section 16- 30- 050(D[2]) shall be amended to read as follows: 2. Spires, flag-peles, radio and television towers or antennas, and similar features, of minimal area and bulk, may exceed maximum height limits by up to three feet or as required by the California Building Code. The height restrictions shall not apply to antennas for wireless communication facilities licensed by the Federal Communications Commission when a Conditional Use Permit has been obtained for that use in compliance with Section 16- 52.040 (Conditional Use Permit) and Section 16 -42 (Wireless Communications Facilities). Section 16- 30- 050(D[5]) shall be added to read as follows: 5. Flagpoles shall have a maximum height of twenty -four feet. ARTICLE V (ZONING PERMIT PROCEDURES) 16 -52 Permit Review and Decisions TIBURON PLANNING CON&IISSION RESOLUTION NO.2013-(Dmft) EXMrr A OCrOBER 23, 2013 1 EXHIBIT N0. 16- 52.020 — Site Plan and Architectural Review The following addition shall be made to Section 16- 52.020 (B): 9. Demolition of an existing main building on a lot and demolition of any structure on a property listed on a local historic inventory or eligible for listing on a state or federal historic registry. Section 16- 52.020 (F) shall be amended to read as follows: 10. Demolition of an existing main building on a lot and demolition of any structure on a property listed on a local historic inventory or eligible for listing on a state or federal historic registry. 4-9. 11. Driveways and minor modifications to the layout or design of parldng lots; and 12. Other minor applications that the Director determines to be appropriate for Staff action. Section 16- 52.020 (K[2]) shall be amended to read as follows: 2. If an application is filed and approved as a remodel project, but prior to or during construction expands to become anew construction project as defined herein, all applicable related Zoning andg Permit approvals shall become null and void. The applicant shall be required to resubmit applications for Zoning Permit mew approval as a new construction project. The Director shall have authority to waive this requirement in cases where the public safety and necessity require the additional demolition, or in de minimis eases. 16- 52.040 — Conditional Use Permit The following section shall be added to Section 16- 52.040 (D): 6. The contribution that the proposed use would make to sustaining and improving the economic vitality and vibrancy of Tiburom including encouraging resident - serving or tourist - serving uses in appropriate areas and uses that promote pedestrian activity. 16- 52.110 —Home Occupations Section 16- 52.110 (E) shall be amended to read as follows: TTBURON PLANNING COMMISSION RESOLUI10NNO.20134DMft) EXffiBUA OCTOBER23,2013 2 E rMBIT N0. ' E. Appeals. Any person aggrieved by any decision of the Director involving the approval, denial, or revocation of a Home Occupation Permit, may appeal such decision to the Planning Commission in compliance with Section 11016- 50.020 (Authority for Land Use and Zoning Decisions) and Section 16 -66 (Appeals). The decision of the Planning Commission on the appeal shall be final. Any person aggrieved by any decision of the Planning Commission involving the approval, denial, or revocation of a Home Occupation Permit (except on appeal), may appeal such decision to the Town Council using procedures set forth in Section 16 -66 (Appeals). ARTICLE VII (INCLUSIONARY HOUSING AND DENSITY BONUSES) 16 -70 Amount of In -Lien Housing Fee Table 7 -1 shall be amended to read as follows: Table 7 -1. Example Housing In -Lieu Fee Calculation v n Gostto: c_ orts' r} ictamo5estxCgld- fart llijyi�elfigunrtrof �fl_i�uareet: ..�: ,. Assumpbonsy A. Land and site development costs $350,0002 B. Construction costs @ $2252 per sq. fL $2§,800 a2z 50 C. Total of and B above $7957M 01,50Q NN odor_ ale- i- ncom_ ea_ fpNrchasepncjfo 'rtlafiil�fyf�ula£}ocr� .� - Assumptions: A. Current median income for 4 -person household (Effective 293M Ill 1 013 $94j00101,2002 B. 4 -person household at 80% of median income $7148 809502 C. 6 2904 4.50 o fixed rate mortgage, 950/6 loan to value ratio, 5% down - payment, 0�5% 1.50% private mortgage insurance. faF a tatal AffaGgi.xe FAR ° a D_ 25 %2 for mortgage payment E. Mortgage payment equates to: $937-2.1 690 per month 'F. Loan amount equates to: $238,990268.400 G. Affordable purchase price: $250;590282.500 ri�lt�y�ousmgfee;ca_74u atioi}Susi��1)�;esea4ianab�e_s7 �, _ � ��,'- ���P_� - A. Total construction cost: $7.26 006687.500 B. Affordable purchase price: $250;500 282.500 C. In -lieu housing fee (per unit): $44jM 04 5.000 Note 1. This is an example of housing in lieu fees, based on 2808 2013 income levels. The Housing Authority updates income levels annually; therefore in -lieu fees will vary by year. 2. Denotes a variable subject to periodic updating or determination by the Director. TIBURON PLANNING COMMISSION RESOLUlIONNO .2013 - (Draft) I =ITA OGTOBER23,2013 3 EIKHMTT N0. A. D San Jose Passes New Incentiv, for More Active Streets Downtown I S`R Page 1 of 1 Tuestlay, June 26, 2012 San Jose Passes New Incentives for More Active Streets Downtown BY LEAH TOENISKOETTER, SPUR SAN JOSE DIRECTOR San Jose's San Padre Square, where restaurants and a femlerV mantel have mated an active street Iffe. Photo by Aye Brackett Many downtown areas have policies in place that restrict ground -floor storefronts for walk -in businesses such as retail, restaurants and entertainment The idea is to encourage people to continue exploring (and hopefully shopping) on foot But in an economic downturn, when retail stores may remain vacant for years, dark storefronts can create dead spaces of their own, further challenging the success of surviving retail benants. With ground -floor retail vacancy rates hovering between 15 and 20 percent for several years in a row, San Jose has adopted a temporary polity change allowing non -retail uses such as banks and business support services to occupy certain ground floor spaces without a special use permit — an investment of time and money that the city says has deterred several companies from locating downtown. The city also argues that ground -floor space occupied during part of the day is better than ground -floor space vacant all day. In addition, co-working spaces like NextSpace, which are not considered retail uses but do generate a lot of foot traffic throughout the day, are showing us that new forms of business uses can activate the street and should be encouraged to locate where they can enhance the vibrancy of pedestrian areas. The temporary policy change allows for the elimination of the special use permit requirement for businesses of less than 20,000 square feet on non-comer street frontages that have one of the following uses: business support, financial institutions, financial services, office, business and administrative, day care centers and radio and television studios. The upside to this action is the opportunity to fill vacant storefronts in the short term. The potential downside is that once the economy turns around, 'non- active" business uses may remain in locations meant for retail. Additionally, there is the potential to drive up rental rates on the ground floor, as business users can cunenlly pay higher rent than a local retailer. For these reasons, the city, together with the San Jose Downtown Association, will track both vacancy and rental rates going forward and review the impact of this change in two years. Going for height in the rental market While the city is still feeling the impact of the economic downturn on the commercial side, San Jose, like many cities around the bay, has seen its residential rental market take off. According to a recent Marcus & Millichap Research Services report, San Jose's rental vacancy is expected to be the lowest of the three major bay cities at 2.7 percent by years and (compared to 3 percent in San Francisco and 3.2 percent in Oakland). That said, obtaining financing to build high -rise residential continues to be a challenge in San Jose, especially on the tail end of very slow sales in the newest residential towers downtown. In order to take advantage of this demand for rental units, and also encourage higher residential density in the downtown, the San Jose City Council recently passed a number of temporary incentives to encourage high -rise developments. The following incentives apply to the first 1,000 units of new residential high -rise development of 12 stories or higher tlhat break ground in the Downtown Growth Area by the end of 2013: 1) An expedited, 120 -day review process of entitlements for any proposed high -rise development (this applies to high-rise development anywhere in the City) 2) The elimination of a city requirement to install an expensive breathing air replenishment system in high-rise buildings 3) The continuation of a 50 percent reduction in park fees for high -rise residential constructed in the downtown 4) A 50 percent reduction in construction taxes (this is also applicable to any commercial building constructed in the downtown, regardless of height) 5) Deferral of fees owed until the Certificate of Occupancy is issued 6) Waiver of minimum parking requirements with a long -term commitment from the developer to offer free participation in the \rrNs EcoPass program, as well as car- sharing services and enhanced bike parking facilities Taken together, these two recent actions demonstrate the city's desire to chip away at a slow commercial market while taking advantage of a strong rental residential market in the downtown. While it is true that the fee reductions will impact the funding parks and transportation improvements, if there's no development in the near term, these departments won't receive any funds at all. TAGS: ECONOMIC DEVELOPMENT Exhibit "Drr ,,.., fkI__11)A11_n4 '),</ .. ;, .,.,....o....o,,, ..,,..o .,,..,,o .., __+_ 0 /1'7 11 n 112 Top Ten Myths of Downtown Manning c Walkable Eastwood Top Ten Myths of Downtown Planning EV LONI,!IE. ON JUNE "TFH. _-OOc The following is an excerpt from a new Planners Press book by Philip L. Walker, AICP. No time to read for about ten minutes? Then skip down to in the list below. Page 1 of 3 The 1970s were an innovative era in design for many facets of American life, including clothing, hairstyles, architecture, and, yes, urban planning. By the early 1970s, a number of forces were already in full play, resulting in unparalleled residential and commercial growth in the suburbs and a steady spiral downward for many downtowns. In a desperate attempt to turn that situation around, numerous downtowns across the country jumped onto the pedestrian mall bandwagon. In an effort to compete head -to -head with suburban shopping malls, these downtowns blocked off vehicular access on their primary retail streets in order to create open -air pedestrian malls. Because the market forces that were causing the downtowns' downfall were much larger than the issue of vehicular access, these panic- stricken efforts, not surprisingly, did little to reverse the fortunes of these downtowns. In fact, in most cases, the "mailing" of Main Street only exacerbated downtown's problems, resulting in a slow and painful death for many of them. During the 1970s, Burlington, Iowa, then a town of 26,839 people, converted the block of Jefferson Street between Main and Third streets into a pedestrian mall. By the late 1990s, it was clear that the pedestrian mall was not helping businesses along that block, so the downtown organization, chamber of commerce, and business association pressured the city to reopen the block to automobiles. Downtown Allentown, Pennsylvania, erected a canopy along Main Street on the same day that its first suburban mall opened, but it was recently dismantled and replaced with historic streetscape furnishings. Even major cities with seemingly critical masses in their downtowns, such as Louisville, Memphis, and Seattle, have undone their downtown pedestrian malls to reintroduce vehicular traffic. These failed examples are not an indictment of all pedestrian malls. Some large downtowns, such as those in New York City and Baltimore, can support them. College towns, such as Charlottesville, Virginia, can support them. Those cities constituting both, such as Madison, Wisconsin, ran clearly support a pedestrian mall, as evidenced by State Street. However, because the "mauling" of Main Street resulted in failure for so many other communities across America, not to mention the tragedy of "urban renewal" programs that razed countless blocks of historic architecture, the 1970s are rarely recollected by most downtown advocates with any degree of nostalgia. In short, any downtown master plan proposing a pedestrian mall should be met with extreme scrutiny before receiving a stamp of approval. The true essence of every downtown plan is a collection of ideas. The misinformed notions below are among those frequently voiced by citizens, sometimes voiced by elected officials, and occasionally voiced by professional planners and downtown "experts" who should know better. Many have some element of truth, but none is entirely accurate. 1. Our downtown just needs one "big ticket" development to turn things around. Rarely does a "quick V' really repair a downtown over the long haul. Developments such as sports facilities and casinos can vanish as quickly as they arrived, and even if they stick around, their novelty to the public may not. Downtowns that have reversed their downward spirals to become success stories have typically done so incrementally, through numerous small steps over time. Most struggling downtowns did not reach their current conditions overnight, so turning them around overnight is unquestionably ht4n• / /xxral4aacfixrnnA nrrthnn_ tan _m <rthc_nf_r9nnm4nxsm_nlanninn / Q/17/7M Z Top Ten Myths of Downtown I"anning « Walkable Eastwood Page 2 of 3 2. Replacing some existing buildings with parking lots will bring more shoppers downtown. Buildings are the most fundamental element of any downtown. Generally speaking, more buildings in a downtown — particularly occupied ones — are better than fewer buildings because the activities that occur inside them attract people and their money. People do not visit downtowns to park their cars. Furthermore, in the case of historic or unique buildings, it is their character that helps make the downtown unique. While parking lots located interior to their blocks are necessary, those fronting directly onto streets create dead spaces along the streetscape and are visually unattractive. Parking is a challenging issue for most downtowns and one that must be addressed, but razing buildings is rarely the long -term solution. 3. Our strategy for revitalizing downtown should focus on retail. Successful downtowns enjoy a rich mixture of diverse uses, including offices, housing, institutions, entertainment, and, yes, retail. However, a singular focus on retail is usually an ill- advised strategy, despite that fixation for so many downtown revitalization programs. In fact, given its importance to most downtowns, housing is often the best bet of any component of downtown to promote — though success with housing is frequently difficult to achieve. In addition to providing further market support to retail and other uses, residents make their downtown feel inhabited and safe, thereby attracting those living outside of downtown to visit for shopping, dining, cultural events, and other activities. 4. Attractive new brick sidewalks will bring more people downtown. New sidewalks, as with streetscape improvements in general, are certainly useful in broadcasting a message that downtown is important to the community. As part of a comprehensive urban design strategy, they will sometimes even stimulate adjacent private development, which can indirectly attract more people to the downtown. However, very few people visit downtowns simply to enjoy their high - quality sidewalks, so their value must always be kept in perspective. 5. Downtown needs a large national department store to compete with the suburban malls. Unless a downtown is large enough to enjoy the market support of thousands of people on any given day, in most cases time should not be wasted trying to recruit a national department store. National stores' numeric criteria for trade -area employees, residents, and vehicular traffic, as well as sales volume potential per square foot, are typically too high for all but the largest downtowns to meet. Instead, most downtowns are better served by focusing on niche retailing that suburban malls are not filling, in addition to other uses such as offices, housing, and institutions. This principle does not preclude targeting smaller stores that happen to be national chains or franchises, as a limited number of such tenants are usually desirable to supplement locally owned businesses. However, unique, independently owned stores are among the strongest draws for most downtowns. 6. On-street parking should be converted to another driving lane to improve traffic flows for the benefit of downtown. The inability of vehicles to flow quickly through its streets is not the root of a downtown's problems. A lack of destinations to attract vehicles and their drivers to the downtown is more likely the challenge. On- street parking is important as a convenience to shoppers and diners, as a traffic calming device for drivers, and as a physical and psychological barrier protecting pedestrians from moving vehicles. The conversion of on- street parking to driving lanes simply results in faster moving traffic that makes downtowns less pedestrian - friendly and less business - friendly. 7. Existing one -way streets should be maintained for traffic flows that will benefit downtown. Even more alarming than simply maintaining the status quo, some communities that are still stuck in .. 4nnnr ...:..d ....L .ual .......M:... h. ....eL.......1..{.. 16...........n.n:.....d ....:..{:.... A............ r{.o...L.. :.. L........ htfn• / /nmlLaacfivnnA nrnkn„_+an_maAlac _ nflinaamtnvm _ nlanninn/ 0/1717MZ Top Ten Myths of Downtown Planning « Walkable Eastwood Page 3 of 3 t way couplets. One -way traffic is more beneficial to through traffic than it is to traffic for which downtown is the destination. For most downtowns, one -way streets prove unnecessary and even counterproductive because they encourage speeding, limit the visibility of retailers, and are confusing to new visitors to downtown. Confused visitors can easily become irritated visitors, and irritated visitors may never return. From a traffic flow perspective, one -way streets create many of the same problems caused by the conversion of on- street parking into driving lanes, which, in turn, can generate the need for remedial traffic calming measures. 8. Downtown special events are a waste of time and money because few dollars are spent in businesses during the events and a great deal of preparation and cleanup are required. In most cases, special events are more important for their long -term benefits than for their short-term gains. Special events often attract some people who rarely or never frequent downtown, but their attendance at a downtown event makes them aware of businesses or activities that they might seek out at a later date. Furthermore, a positive visitor experience during special events can reap tremendous future rewards, including word -of -mouth advertising. Given the relatively low costs of preparation and clean up, particularly if volunteers are mobilized, special events are a worthwhile form of promotion when strategically linked to the downtown's particular marketing strengths. 9. One of downtown's primary streets should be closed to traffic and converted into a pedestrian mall. While that concept was in vogue during the 1970s, downtown experts are now recommending that these streets be transformed back to drivable ones. Most Americans are still, and might always be, too automobile dependent to completely abandon their cars. Pedestrian malls typically work only in downtowns that have a high resident or employee density, large volumes of tourism, or some other unique circumstance, such as an adjacent university. Perhaps in theory it would be possible to regulate a downtown to death, but not in political reality. Politicians enacting a detrimental level of regulation would likely be voted out of office. Well- crafted and detailed codes, such as design standards for buildings and signs, might be considered overly stringent by some, but they can clearly elevate the quality of the built environment if used properly. A physically and aesthetically enhanced downtown typically results in increased property values because of one simple principle: Real estate values are ultimately based upon the degree of a place's desirability. While the associated increased rents can result in some businesses having to relocate, they are usually replaced by more profitable ones. Some of the most highly regulated downtown districts in America, such as Princeton's Palmer Square, Charleston's King Street, Cambridge's Harvard Square, and New Orleans's French Quarter, are also some of the most commercially successful. In fact, in 2005, the Old Town district in Alexandria, Virginia, added yet another regulatory layer to limit chain stores and ground -floor offices, yet its virtues as a fertile environment for prosperous businesses show no signs of abating. Philip Walker is the principal of The Walker Collaborative in Nashville, Tennessee. This article is excerpted from Downtown Planning for Smaller and Midsized Communities, published this spring by APA's Planners Press. hitn• / /wallreactwnnA Q/1 7/7M 1 Bar Journal Article ( Page 1 of 5 Search: The Florida Bar Journal Advertising Rates •Submission Guidelines •Archives •Subscribe •News January, 2007 Volume 81, No. 1 The Florida Bar w Jlorldabar.org 0 Journal HOME Economic Redevelopment of Small -city Downtowns: Options and Considerations for the Practitioner by Harry M. Hipler Page 39 Downtowns play an Important part in the strength of most cities in the U.S. From its inception, the downtown has served as the gathering place for processions and celebrations of community events. Downtown epitomizes the heart and soul of most cities.l For the past 20 years, there has been a rebirth in small cities and their downtowns. These areas are considered to be nonprimary and noncentral cities located within metropolitan areas with populations between 15,000 and 110,000. Many small -city downtowns have experienced increases in the number of households in downtown and commercial businesses, in spite of zoning laws that have encouraged suburban sprawl. The fact that many downtowns have experienced such growth and development demonstrates a commitment to create a vibrant place to live and work in an urban environment z This article discusses alternatives and methods that can be used by real estate attorneys, developers, and planners to enhance a small -city downtown while representing their respective public or private sector client in developing an economic revitalization plan. Economic Development in Small -city Downtowns in the Latter Half of the 20th Century Small -city downtowns across the U.S. have been swamped with economic development problems since the 1950s. Encouraged by the passage of the Interstate Highway Act of 1956, development friendly tax policies, municipal desire for revenue - generating commercial property, and growth of such discount superstores as Wal -Mart and Target, commercial real estate development has substantially increased in recent years. The new commercial space, which came in the form of shopping centers, discount superstores, and shopping malls, transferred sales and jobs from downtown cities to another retail area: the strip. The strip took sales away from downtown and caused Its businesses to move to the suburbs or go out of business. With fewer businesses, downtown became poorly maintained and rundown. Retailing, professional offices (i.e., medical, legal, financial), movie theaters, hotels, and government activities in facilities such as libraries, post offices, and city halls were once dominant forces in downtown cities, but the movement of these entities to the suburbs made downtowns less desirable places to experience. As such, the centrality of functions that used to be offered by downtowns became less important and a vicious cycle arose in which remaining businesses were forced to close or relocate elsewhere as the number of downtown visitors declined. The image of downtown as an outmoded place with vacant storefronts, poorly maintained buildings and sidewalks, and empty streets began to stick in the minds of many individuals as the city's tax base decreased and development slowed.3 These forces and interrelated problems that added to the decline of downtowns help to explain the dilemmas facing current small -city downtowns — difficulty in appealing to and drawing new development 4 Factors that contributed to the decline of downtowns include their small size and small market area demands; a sense of a "malaise" due to the perception that large- and medium -sized city downtowns with 1.++.. ..r,T/TITVt'OT%4 /TAT /TATTnn, o.i i 0/11/7MZ Bar Journal Article iI— r Page 2 of 5 their larger workforces, market areas, and attractions have better available options to make downtowns more exciting; the difficulty in attracting people to small -city downtowns on weekends and evenings while large -city downtown counterparts often attract an active nightlife; and emerging competition from discount stores and suburban malls outside downtown —Wal -Mart, Target, Kmart, and regional shopping malls on the edge of the city. Additionally, the fear of an economic disaster caused by underused retail space — a white elephant" — can destroy any simulation of vital street life In the immediate area in a small -city downtown.5 Revitalization Strategies for Small -city Downtowns Since the late 1980s, small cities have implemented a large number of strategies to economically revitalize downtowns. These strategies commonly relate to urban design and land use, and in most cases they are also integrated with financial and promotional methods to attract people and enhance economic development. These strategies cannot be used in isolation, but rather they must be used in tandem. The strategies have attempted to redevelop downtowns as a multifunctional place that make the downtown experience distinctive and unique by combining retail, office, and residential features in the same district, not just maintaining commercial businesses to accommodate the daily business environment and their employees.6 Strategies to revitalize a small -city downtown Include: 1) Make downtown more pedestrian friendly — In a sustainable small -city downtown, pedestrians prefer to walk. An emphasis on sensory experiences should include public art, active storefronts, attractive landscaping, wide red brick sidewalks, decorative artistic benches, cafes and outdoor dining tables, sidewalk merchandise displays, and signs. 2) Historic preservation of structures should establish the city's unique identity — Nearly all cities have historic structures that need protection so they remain reminders of past time periods, events, and persons. They provide important examples of architectural styles of past area landmarks, unique and irreplaceable assets of the city, and its neighborhoods. They also provide present and future generations with examples of physical surroundings from the past and enhance property values, stabilize neighborhoods, and increase economic and financial benefits to the city and its inhabitants. 3) Waterfront development — A city waterfront can provide greater visual and physical access to the city. Encouraging pedestrian access to the waterfront — whether it be adjacent or disconnected from the downtown — should require construction projects, programs, and operations to achieve compatibility between the city land uses and the waterfront. There should be a mixing of land uses upon which waterfront- dependent and water - related property rely. 4) Office development — The office sector is a critical component in the sustainability of downtowns and is one way to attract economic development in a small city. Offices support downtown economic revitalization as feeders and office personnel, and their visitors use downtown hotels, shops, restaurants, and stores. This sector also reaches out to young, well- educated professionals. Richard Florida, in The Rise of the Creative Class,7 has argued that the "creative class" — self- motivated and creative people who are venture capitalists and entrepreneurs, including professions such as artists, musicians, scientists, teachers, doctors, and lawyers — will have a huge economic and social impact on work, leisure, community, and everyday life in our cities. Another result of office development use is to increase downtown mixed use, so that retail and residential uses can be included in the same structure. Such mixed use can include upper - story residential places to live and lower -story retail and office space establishments to attract commerce. 5) Special pedestrian - oriented festival marketplaces and activities — These activities can help to attract large numbers of visitors, many of whom come from outside the city. Public and private entities must partner and promote diverse, pedestrian- oriented activities, including jazz groups, mimes, art shows, bric- a-brac and fruit and vegetable markets, pop groups, concerts, street theater, cultural fairs, and dancing. 6) Transportation enhancement mechanisms are critical to economic development of downtown — Offering trams and shuttle buses should help pedestrians get around without automobiles. Traffic engineering techniques, such as signalization, turn lanes, and one -way streets, can be used to move traffic more smoothly. For most Americans, the automobile is the dominant way of transport. Trying to improve the flow of traffic on existing busy roads must be a major goal of small downtowns, as accommodating the httn• / /www finridnhar nra/i7TVr ..0M /TN /TNTnnrna101 nqf /Antbnr/7979F7RFF.6RT12R97R52 9/17./9011 Bar Journal Article Page 3 of 5 automobile while remaining friendly to pedestrians and transit users is necessary to attract large numbers. Offering alternative means of transportation — tram, shuttle bus, trolley, bicycle, walking — can help pedestrians enjoy the downtown experience and forget that they are getting enjoyable exercise. Bicycle lanes are an effective and inexpensive manner to turn automobi(e- dominated streets into more public space, which is more in line with today's transportation needs and efforts to reduce congestion. 7) Multifunctional downtowns — It is best to have the widest variety of functions and activities in a downtown. Housing, working, shopping, culture, entertainment, government, and tourist attractions should exist to attract a large number and variety of users at different times of the day, night, and week. Mixed - use development must be part of a successful downtown. A practitioner can use these strategies to help redevelop a small -city downtown and develop a downtown vision. Each community has unique, distinctive assets as its Identity and vision for downtown economic redevelopment. If a city is historic, like St. Augustine, then it can emphasize its historic nature. It might be the preservation of a cultural heritage like the Amish in Pennsylvania. A city might have preserved historic structures from a different time period that can provide a central focus of its past, like Fernandina Beach. It might be a history of antique stores, like Mount Dora and Dania Beach. For many smaller towns, the preservation of a small town environment might be the primary theme to economically redevelop Its downtown. The vision needs support from strong private /public partnership because the private sector is critical to the success of any small -city downtown. Comprehensive Land Use Plan and Regulations Florida has a comprehensive land use planning and land development regulatory system. Local governments are responsible for preparing comprehensive plans that, among other things, guide the use of land, water, and resources. These local plans are required to be consistent with the State Comprehensive Plan and F.S. Ch. 187, state administrative regulations, regional policy plans, and the planning council's countywide plan. Local comprehensive plans are updated annually and undergo a formal evaluation and appraisal process every seven years. Proposed amendments to plans are normally considered twice a year and may be initiated by local government officials or by a property owner.$ The land use element of a comprehensive plan acts as a backbone for the future development of a city, and contains a planned program to direct all physical development within a municipality. The plan defines and secures future land uses and their locations; recognizes and accommodates the aspects of timing, cost, and current development trends into future land uses; maximizes economic benefits for the community in the future; and maintains consistency throughout the comprehensive plan to promote an economically sound, balanced quality of life for the community. Goals include the promotion of orderly growth, development, and placement of land uses to encourage a mix of land uses to promote a high quality of life for residents now and in the future. In addition, orderly growth and development must be sensitive to the natural environment and minimize any threat to the health, safety, and welfare of the community and its residents.9 To actively guide economic revitalization, cities can create a community redevelopment agency (CRA). F.S. Ch. 163, part III (2005) provides a mechanism for economic development of Florida's communities, Including downtown central business districts, by the creation of community redevelopment agencies and plans to eliminate blighted areas.10 Florida law defines "blighted areas" as an area in which there are deteriorated and deteriorating structures that lead to economic distress.11 Blight has been very broadly defined in Florida, and under the U.S. Supreme Court's decision in Kelo v. Town of New London, _U.S. 125 S. Ct. 2655; 162 L. Ed. 2d 439 (2005),12 eminent domain can be used to economically revitalize a city by eliminating blighted areas. Kelo held that when a local government, as part of a comprehensive economic plan of development, condemns private property to transfer it to another private party solely to enhance the local government's tax base and hopefully to provide jobs, such governmental action is a public purpose that is allowable under the U.S. Constitution. 13 Economic development is not statutorily defined, although the Florida Statutes suggest that economic development should be encouraged to promote economic opportunity, retention and expansion of existing httn• /h� finridnhar oro/T)TVC(1M /TN /TNTnnrnalnI nqf/ Anthnr /7979F2RF.F6RD2F,97R52... 9/12/2013 Bar Journal Article ( ( Page 4 of 5 businesses, the recruitment of new businesses to encourage growth in areas experiencing insufficient economic growth, tourism, industrial development, home construction, creation infrastructure, and job creation and retention. 14 Downtown economic development is important to a community because It enhances the social, political, physical, and economic values of the traditional central business district of Its community. The goal is to expand and improve the livability and sustainability of the entire community by attracting employment, shopping, recreation, and social activities. Any successful downtown economic revitalization plan must be carefully organized, have long -term financial commitments, and receive cooperation from property owners, business owners, local government officials, and residents of the community.15 1 Michael A. Bumyidi, Downtowns: Revitalizing the Centers of Small Urban Communities (Routledge 2001); Suzanne G. Dane, Mein Street Success Stories (1st ed. 1997); Kent A. Robertson, Can Small -city Downtowns Remain Viable ?: A National Study of Development Issues and Strategies, 65 J. American Planning Association 270 (Summer 1999); Richard V. Francaviglia, Main Street Revisited: Time, Space, and Image Building in Small -town America (University of Iowa Press 1996). z Id.; Beth Siegel and Andy Waxman, Third -tier Cities: Adjusting to the New Economy, Reviews of Economic DevelopmentLitemture and Practice (June 2001), available at www.eda.gov/ ImageCache /EDAPublic /documents/ pdfdocs/ Sg3lr __5f8_5fsiegel_2epdf /vl/ig31r 5f8_ 5fsiegel.pdf. It is estimated that the U.S. has approximately 20,000 cities. Of those cities, approximately 360 cities have between 50,000 and 100,000 people; 1,150 cities have between 10,000 and 50,000; and approximately 17,000 cities have fewer than 10,000 people. See S. Lovely, T. Rowley, and D. Freshwater, The Morphing of Main Street USA: The Future ofAmerica's Heartland Cities and The New Cities Principles, New Cities Foundation (2001), available at www.kic.org /u —publications/ NewCities5ynthesis.pdf. 3 Id. 4 See note 1. 5 G. Ferguson, Characteristics of Successful Downtowns: Shared Attributes of Outstanding Small & Mid - Sized Downtowns, Ithaca Downtown Partnership (2005), available at www.nypf.org /documents /greatdowntowns.doc; G. Ferguson, Downtown. Does It Matter ?, Ithaca Downtown Partnership (2004), available at www.communityfoundationoftc.org /library/documents /12 -21- 04DOWNTOWNFINALEXSUM.pdf; Robert E. Lang, Office Sprawl: The Evolving Geography of Business, The Brookings Institution Center on Urban & Metropolitan Policy (October 2000), available at www.brookings.edu /es /urban /officesprawl /lang.pdf; B. Katz & B. Bernstein, The New Metropolitan Agenda: Connecting Cities & Suburbs, 16 The Brookings Rev. 4 (1998); Kent A. Robertson, Can Small -city Downtowns Remain Viable ?: A National Study of Development Issues and Strategies, 65 J. American Planning Association 270 (Summer 1999). 6 See notes 1 and S. 7 Richard Florida, The Rise of the Creative Class: And How It's Transforming Work, Leisure, Community, and Everyday Life (Perseus Books Group 2002). a Fla. StaL § §187.201 (5)(16) (17)(18)(19) (20)(22)(24)(25) (2005). 9Id. Although there is no fixed definition of what constitutes "sustainable development," urban identity, economic development, community life, safety, and environment, among other things, help to achieve a high level of quality of life and are at least implicitly provided for in these statutes. Credit for originating the sustainable development concept may be attributable to many different sources. One of the most important sources is the 1987 report of the World Commission on Environment and Development (WCED 1987), which is referred to as the Brunddand Commission's report, Our Common Future: From One Earth to One World. This report called for concepts of development that advanced the material wishes of the present generation without stopping future generations from having the resources required to meet their needs and wants. (World Commission on Environmental Development 1987). The State Comprehensive Plan follows this viewpoint. 10 See Fla. Stat. Ch. 163, (2005). 11 Fla. Stat. §163.340 (8) (2005). 12 To say the least, the U.S. Supreme Court decision in Kelo was unpopular. For a number of legislative 1.tr„ fl.,r:A�k�r., /f1TV('()T4/TTT /T1VTnnma101 nef /Anthnr /7Q70F75ZFFrRT17FQ7R57 9/12/7011 Bar Journal Article Page 5 of 5 reactions to the decision see Alan Weinstein, Kelo and Counting: The U.S. Supreme Court Invited the States to Change Their Eminent Domain Laws. Now It's Happening, Planning 24 (June 2006). 13 Id. 14 See Fla. Stat. Ch. 163, 187 (2005). is Fla.Stat. § §163.340 (8)(9)(10) (2005); § §163.355, 163.356, 163.360, 163.362 (2005). Harry M. Hipler is a sole practitioner in Dania Beach and practices in the areas of municipal law, family law, and commercial litigation. He received his J.D. in 1975 and an LL.M. in taxation in 1981. This column is submitted on behalf of the City, County and Local Government Law Section, Mary Helen Campbell, chair, and Jewel W. Cole, editor. [Revised: 02 -10 -20121 Journal HOME ©2013... ___... .,__...._.... _...-.,.....,.._...__....._....._..., �.__... �..._._.,._...._:. �.....- _._.....a...�...�_...- ....>._, _.._.__....._,_�......,_._. _. The Florida Bar I Disclaimer I Top of page I PDF lhttn• /h� flnridahar nra/T)TVCOM /TN /TNTmmmni0I nc f /Anthnr /7979R7RFF6RT)2R97R52__ 9/12/2013 C IC UMBERT q"wAa6 eaa art 524 San Anselmo Avenue, #333 San Anselmc, CA 94960 License 722006 415.497.1333 Phone 415.460.1281 Fax Loic@loichumben.com www.loichumberl.com Vasa Becam 101 Larkspur Landing Circle Larkspur, CA 94939 Job: 1704 Tiburon Blvd, Tiburon Estimate Estimate No: 1309271 September 27, 2013 Approved THANK YOUI 1,1 Exhibit "E" $439,000.00 i BUDGET PRICING TO BUILD OUT SHELL FOR RESTAURANT /CAFE AT 1704TIBURON BOULEVARD, TIBURON. $0.0 Demolition and disposal $10,000.04 Framing, insulation and drywall $30,000.0 Plumbing, including upgrade to water and gas service, grease interceptor, supply and waste for kitchen and bathrooms, water eater, tortures and trim. $120,0000 Electrical $15,000.0 Hood and Ore suppression for grilUstove. $15,000.0 Fire sprinklers, including MMWD at street, connecting from sheetto riser, new sprinkler riser and sprinklers throughout $1001000.0 ADA- compflance work, including mnecling Interior and exterior elevation issues, creating required clearances, installing mm pliant fixtures and si ne e. $50,000.0 Mechanical work $20,000.0 Overhead $50,000.0 Profit $29,000:0 Approved THANK YOUI 1,1 Exhibit "E" $439,000.00 SPN/IPI P APPPAKAI ¢ IN(` SEMPLE APPRAISALS, INC, Siobhon Semple Stoddard, MAI Mary Patricia Semple, SRA Shelia Semple Monti December 13, 2013 Mr. Neil Sorensen Attorney at Law 950 Northgate Drive, Ste. 200 San Rafael, CA 94903 Charles P. Semple, MAI (1932 -2006) File #: 13086 Re: Market Rent Estimate for 1704 Tiburon Boulevard, Tiburon Dear Mr. Sorensen: At your request, I have visited the property at 1704 Tiburon Boulevard, Tiburon, CA in order to develop an opinion of the potential uses and market rent for the space. I made all necessary investigation and analyses, to prepare the enclosed market rent analysis in a summary appraisal report. After a review of the Tiburon commercial real estate market, and facts provided on the subject as outlined in the attached report, I have formed an opinion that: -the Market Rent for the space at 1704 Tiburon Boulevard, Tiburon as of December 2, 2013, with the zoning limiting it to retail use, is $3.25 /month or $4,208.75 /month for a gross lease. - restaurant use of 1704 Tiburon Boulevard is not financially feasible, due to the cost conversion to that use. - service retail or personal service uses are not suited to the subject space, due to the lack of street parking near the building. - if office use were allowed in the space, there would be a larger pool of potential tenants, so a higher rental rate and superior occupancy would be possible. The cities of Mill Valley, Larkspur, San Anselmo, and Novato specifically permit real estate offices in the downtown retail core, though general office is sometimes not permitted on the ground floor downtown. These opinions are made subject to the enclosed assumptions and limiting conditions. This letter must remain attached to the report, in order for the value opinion set forth to be considered valid. 2 Suite E 55 Professional Center Parkway San Rafael, Ca. 94903 415/472 -7833 FAX 415/472 -3047 Mr. Neil Sorensen Attorney at Law December 13, 2013 This report is intended for use only by our client, Neil Sorensen, Attorney at Law who represents the property owner in consideration of a Conditional Use Permit with the Town of Tiburon. Mr. Sorensen, the property owner K2 Properties LLC, Ms. Vesa Becam and Mr. Theo Banks of Keegan & Coppin Realtors, and the Tiburon Town Council are the intended users of this appraisal. The report may not be used or relied upon by anyone other.than the client, for any purpose whatsoever, without the express written consent of the appraiser. This report is not intended for any other use. 1 I, the undersigned, do hereby certify that to the best of my knowledge and belief, the # statements and opinions contained in this appraisal are correct, subject to the aforementioned Limiting Conditions. Also, that this appraisal has been made in conformity with and is subject to, the requirements of the Code of Ethics and Standards of Professional Conduct of the Appraisal Institute. Yours truly, Siobhan Semple Stoddard, MAI #AG006355 7 r -- TABLE OF CONTENTS PREMISES OF THE REPORT IDENTIFICATION OF THE REAL ESTATE ................. ............................... IDENTIFICATION OF THE PROPERTY RIGHTS TO BE VALUED ................. USEOF THE REPORT .............................................. ............................... DATE OF THE VALUE ESTIMATE ............................ ............................... SCOPE OF THE ASSIGNMENT .................................. ............................... ASSUMPTIONS AND LIMITING CONDITIONS 11 ............ 5 ............ 5 ............ 5 ............ 5 6 CERTIFICATION............................................................................. ............................... S LocalArea Map ........................................................................... ............................... 9 TOWN OF TIBURON ....................................................................... .............................10 1704 TIBURON BOULEVARD, TIBURON ................................... .............................11 SITE................................................................................................ ............................... 11 Assessor's Plat Map................. :.......................... ...... ... .... ... ....... .... . .... ...................... 12 Town of Tiburon Zoning Map .................................................... ............................... 13 ZONING AND CONDITIONAL USE PERMIT ........................................ ............................... 14 IMPROVEMENTS.............................................................................. ............................... 15 HISTORICLEASES ........................................................................... ............................... 17 Floorplan................................................................................... ............................... 18 SUBJECT PROPERTYPHOTOGRAPHS ................................. ............................... 19 VALUATION.................................................................................... ............................... 27 COMMERCIAL REAL ESTATE MARKET ............................................ ............................... 27 COMPARABLELEASES .................................................................... ............................... 30 Comparable Lease Summary ..................................................... ............................... 31 ComparableLease Map ........................................_.................... ............................... 32 SUBJECT FEASIBILITY ANAYLSIS .................................................... ............................... 36 Summaryof rental history .......................................................... ............................... 38 ADDENDA........................................................................................ ............................... 43 4 SEMPLE APPRAISALS, INC. PREMISES OF THE REPORT This is a market rent estimate for 1704 Tiburon Boulevard, Tiburon. The property is a 1,295 s.f, ground floor retail space in a 3 unit building at the comer of Tiburon Boulevard and Main Street. A new tenant, Decker Bullock Realty has applied for a Conditional Use Permit with the Town of Tiburon to allow a real estate office in this space. Identification of the Real Estate The subject of this assignment is 1704 Tiburon Boulevard, Tiburon, CA. It is one space in a building including the addresses of 10 and 14 Main Street, Tiburon. It is a portion of Marin County Assessor's parcel #059 - 102 -17. Identification of the Property Rights to be Valued The purpose of this appraisal is to estimate market rent that is defined as: The rental income that a property would most probably command in the open market; indicated by the current rents paid and asked for comparable space as of the date of the appraisal. Dictionary of Real Estate Appraisal, 3rd Ed. published by the Appraisal Institute Use of the Report This report is being prepared for our client, Neil Sorensen, Attorney at Law who represents the property owner in consideration of a Conditional Use Permit with the Town of Tiburon. Date of the Value Estimate This market rental estimate is being prepared as of December 2, 2013 the date of my visit to the property. Scope of the Assignment The property was visited on December 2, 2013 and additional information on the property, leases and rental history was provided by the property owner and Vesa Becam of Keegan & Coppin Realtors. I was provided with a cost. estimate from Louie Humbert, General Contractor for the cost to remodel the space for an alternative use. Recent leases and asking rents for comparable commercial properties in Tiburon, and similar spaces in southern Marin County were investigated through Bay Area Real Estate Information Services Multiple Listing Service (MIS), Loopnet online service, the Northbay Business Journal, other real estate websites, and discussions with local brokers. Alternative uses of the property were considered, and information on downtown zoning for other cities were investigated to find comparable downtown areas. SEMPLE APPRAISALS, INC. ASSUMPTIONS AND LIMITING CONDITIONS This appraisal report has been made with the following general Assumptions: 1. No responsibility is assumed for the legal description provided or for matters pertaining to legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated. 2. The property is appraised free and clear of any or all liens or encumbrances unless otherwise stated. 3. Responsible ownership and competent property management are assumed. 4. The information furnished by others is believed to be reliable, but no warranty is given for its accuracy. 5. All engineering studies are assumed to be correct. The plot plans and illustrative material in this report are included only to help the reader visualize the property. 6. It is assumed that there are no hidden or apparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for obtaining the engineering studies that may be required to discover them. 7. It is assumed that the property conforms to all applicable federal, state and local environmental regulations and laws unless the lack of compliance is stated, described, and considered in the appraisal report. 8. It is assumed that the property conforms to all applicable zoning and use regulations and restrictions unless a nonconformity has been identified, described, and considered in the appraisal report. 9. It is assumed that all required licenses, certificates of occupancy, consents, and other legislative or administrative authority from any local, state or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. 10. It is assumed that the use of the land and improvements is confined within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted in the report. 11. Unless otherwise stated in this report, the existence of hazardous material, which may or may not be present on the property, was not observed by the appraiser. The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea - formaldehyde foam insulation, and other potentially hazardous materials may affect the value of the property. The value estimated is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for such conditions or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field, if desired. C SEMPLE APPRAISALS, INC, ASSUMPTIONS AND LIMITING CONDITIONS, (coat.) This appraisal report has been made with the following general Limiting Conditions: 1. Any allocation of the total value estimated in this report between the land and the improvements applies only under the stated program of utilization. The separate values allocated to the land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. 2. Possession of this report or a copy thereof, does not carry with it the right of publication. 3. The appraiser, by reason of this appraisal, is not required to give further consultation or testimony or to be in attendance in court with reference to the property in question unless arrangements have been previously made. 4. Neither all nor any part of the contents of this report shall be conveyed to any person or entity, other than the appraiser's or firm's client, through advertising, solicitation materials, public relations, news, sales or other media without the written consent and approval of the authors, particularly as to valuation conclusions, the identity of the appraiser or firm with which the appraiser is connected, or any reference to the Appraisal Institute or MAI designation. Further, the appraiser or firm assumes no obligation, liability, or accountability to any third party. If this report is placed in the hands of anyone but the client, client shall make such party aware of all the assumptions and limiting conditions of the assignment. This appraisal is made with the following specific limiting condition: 1. This summary appraisal report presents only summary discussions of the data, reasoning and analysis that were used in the appraisal process to develop the value estimate. Supporting documentation is retained in my file, and the depth of discussion is specific to your needs and for the intended use. We are not responsible for its unauthorized use. VI SEMPLE APPRAISALS, INC. r. CERTIFICATION I certify that, to the best of my knowledge and belief, ... • the statements of fact contained in this report are true and correct. • the reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. • this appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. • I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved. • my compensation is not contingent on an action or event resulting from the analyses, opinion, or conclusions in, or the use of, this report. • my analysis, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Practice of the Appraisal Institute and the Uniform Standards of Professional Appraisal Practice. • the use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. • as of the date of this report, I have completed the requirements under the continuing education program of the Appraisal Institute. • I have made an inspection of the property that is the subject of this report. • no one provided significant professional assistance to the person signing this report. • I certify that my opinion of the market rent for the space at 1704 Tiburon Boulevard, Tiburon, CA as of December 2, 2013 with the zoning limiting it to retail use, is $3.25 /month or $4,208.75 /month for a gross lease. SIOBHAN SEWLE STODDARD, MAI DATE #AG006355 SEMPLE APPRAISALS, INC. r TOWN OF TIBURON The Tiburon Peninsula is located 10 miles north of the heart of San Francisco. Averaging from 1 mile to 1 % miles in width, the peninsula extends approximately 5 miles southeast from the U.S. Highway 101 freeway into San Francisco Bay. From the hilly Tiburon peninsula looking west and south one views Richardson Bay, Sausalito, the Golden Gate Bridge and San Francisco Bay and the City of San Francisco. To the east are Angel Island, Oakland, Contra Costa County and the northern portion of the bay. The physical qualities, dramatic location and proximity to San Francisco all combine to make this peninsula one of the most desirable residential areas in the Bay Area. Although some of the least developed portions remain unincorporated, the majority of the peninsula is now within the city limits of Tiburon, Belvedere and Corte Madera. Population for the incorporated Town of Tiburon is estimated as approximately 8,600. The median selling price reported in the Multiple Listing Service for a single family home in Tiburon in 2012 was reported as $1,625,000, while the median sale price reported for the whole County of Marin for the same period was $765,000. 10 SEMPLE APPRAISALS, INC. fr. 1704 TIBURON BOULEVARD, TIBURON 1704 Tiburon Boulevard, Tiburon, CA is a portion of a building at the corner of Tiburon Boulevard and Main Street, Maria County AP 4059- 101 -17, with additional addresses of 10 and 14 Main Street, Tiburon. Site The property is a triangular parcel on the southwest comer of Tiburon Boulevard and Main Street in downtown Tiburon. Tiburon Boulevard in this area is a divided roadway with a center median. Just west of the subject there is aside lane to the Boulevard with on -street parking areas. In front of the subject, the Boulevard has a turn lane into Main Street, and to the east a "round - about'. Main Street is one lane in each direction. Properties on the east side of Main Street back to San Francisco Bay. There is a ferry terminal on the bay at 21 Main Street, between the commercial buildings at the street frontage. The subject site is a small triangular shaped parcel, reported by the Assessor to be 3,500 square feet (s.f.) in area. It is level and at grade with the street. To the north of the subject, at the street front on Tiburon Boulevard is a brick plaza area, improved with a water fountain. On the plat map, the plaza and fountain appear to be in the right of way for Tiburon Boulevard. To the west of the subject is Juanita Lane, a smaller roadway that runs between commercial properties on Tiburon Boulevard and a private parking lot. Properties surrounding the subject along Tiburon Boulevard and Main Street are improved with commercial buildings. Across Main Street there are commercial buildings improved as restaurants and retail stores. 11 nrn enir nnnnn inwin INI � Assessor's Plat Map POR. SEC. 6, T f S, R. 5 W, M. D. 6.8 M. IWAR Tex Ra[e If." Area 59 -10 dd - CITY OF TIBURON Tiburon Sub., RM 9k.6, Pg. 69 Assessor's Map Sk.59 -Pg. 10 NOIF4,uui , Yeck Nimlvr,Yrour in Ynpu. Self Nonk B Tida lands Map No. I. County of Merin, Calif. 12 SEMPLE APPRAISALS, INC. r Town of Tiburon Zoning Map r / bh�'.p C NNpp A r _ NNaO 13 SEMPLE APPRAISALS, INC. Across Tiburon Boulevard from the subject is Point Tiburon Plaza, a retail and residential development built in 1987 around a lagoon. Zoning and Conditional Use Permit As shown on the Zoning Map preceding the subject is outlined in blue and is zoned VC, Village Commercial (pink). This zoning is along both sides of Main Street, and the remainder of the downtown area has a zoning of NC, Neighborhood Commercial (red). The purpose of these zoning districts are described by the Town as: A. NC (neighborhood commercial) zone. The NC zone is intended to primarily provide for resident - serving commercial and office uses, while allowing incidental residential uses and mixed -use commercial /residential projects in accordance with the general plan. Predominantly tourism - oriented uses (i.e., souvenir shops) are strongly discouraged in this zone, and street fronting ground floor office use restrictions apply to portions of the NC zone. B. VC (village commercial) zone. The VC zone has the same permitted uses and conditional uses as those set forth in the NC zone, except souvenir shops are allowed. Street - fronting ground floor office use restrictions apply to portions of the VC zone (See subsection 16- 22.030.B). (Ord. No. 519 N. S., § 3(Exh. A), 3 -17 -2010) A copy of the allowed uses in this zoning are included in the Addenda. Most retail and service uses are allowed. An application was made on August 14, 2013 for a Conditional Use Permit for the space at 1704 Tiburon Boulevard for a change in use from Maria French Cleaners to Decker Bullock Realty Inc. and for a "business and professional office" use. The Conditional 14 .gPNAPI r OPPIJ0120I C IN(- Use Permit was denied. At the October 23, 2013 Planning Commission Meeting the Town of Tiburon also made an Amendment to the zoning 16.22.030, that is pending approval by the Town Council, as: "Street fronting ground floor office uses shall not be permitted on street addresses 1690 through 1704 Tiburon Boulevard inclusive. Tiburon Boulevard fronting ground floor offices uses shall not be permitted in newly - constructed or redeveloped buildings located along "Upper Tiburon Boulevard", as that area is defined in the Tiburon General Plan Downtown Element on Diagram 4.4 -1, without the ground of a Conditional Use Permit in compliance with Section 16.52.040..... .. The subject property is zoned VC, Village Commercial and is located in an area that does not allow ground floor office uses. Improvements The property is improved with a two story, wood frame building built in 1950 with 4,155 s.f of building area, divided into three tenancies as: 10 Main Street 1,320 s.f. 151 floor retail 14 Main Street 1,540 s.f. 2nd floor office 1704 Tiburon Blvd. 1.295 s.f. 151 floor— Subject 4,155 s.f. Rentable The building is irregular in shape, with angled walls to cover most of the triangular corner site. 14 Main Street is a second floor space above 10 Main Street, with 1704 Tiburon Boulevard, a one story portion of the building along Tiburon Boulevard. There is a small roof deck over a portion of the space. The subject of this assignment is 1704 Tiburon Boulevard, which has frontage along Tiburon Boulevard, facing the downtown plaza and fountain at the corner of Tiburon 15 SEMPLE APPRAISALS, INC. Boulevard and Main Street. There is no on -site parking. The building does not have a trash enclosure. Trash cans are now located behind the building on neighboring property, by an agreement with that owner. The space at 1704 Tiburon Boulevard has 1,295 s.f. of rentable area. It is irregular in shape with a long frontage along the street, and a narrow depth. On the west side of the space the building has a minimal depth, for a triangular shape to fit the parcel. The building has a wood and stucco exterior. The finishes on the east side of the building have larger glass storefront windows, stucco exterior, and a glass/wood entry door. The eastern portion of the space has smaller windows and a second entry door. The interior of the space is finished as: - floors: laminate and carpet - sheetrock walls - central heat and air conditioning -open room, with support beams and storage cabinets, -ramp to the western portion and a second open room with a built -in counter -rear kitchenette with counter, sink -one restroom in rear of western portion of the space with tile floor, tile sink counter — reported to need a small expansion to meet ADA requirements. Please refer to the enclosed photographs for additional information on the space. The space appeared in good condition at the visit, with older, but serviceable finishes. 16 SEMPLE APPRAISALS, INC. Historic Leases The space is now vacant and has been offered for lease at $4.50 per square foot on a 1 modified gross basis. It has been offered for lease since April 2013. The recent leases and vacancies for the space are summarized as: 4 /13- present 8 mos. Vacant— offered at $4.50 /sf 10/10 -9/13 Leased at $3.09 to $3.86/sf to Maria French Cleaners 1/09-9/10 21 mos. Vacant - offered at $4.15 /sf II Maria French Cleaners had a lease until September 2013, but they were evicted in March 2013 for non - payment of rent. The property was offered for lease in April 2013 at $5,828 per month or $4.50 /sf/month. A lease agreement was signed in July 2013 with Decker Bullock Realty for $5,500 or $4.25 /sf/month, contingent on approval by the Town of Tiburon. The lease agreement includes 3 months of free rent to offset tenant improvement costs. The planned tenant improvements were paint, carpet, and .a small expansion of the restroom so that it will meet ADA requirements. The Town of Tiburon requires a Conditional Use Permit for this lease. 17 SEMPLE APPRAISALS, INC. SEMPLE APPRAISALS, INC. F =, =K t IY J E i NE RT .� i IY J NE RT SUBJECT PROPERTY PHOTOGRAPHS 20 SEMPLE APPRAISALS, INC. SU13JRCT PRnPF.RTV PWOT(N;R APPIZ View south on Juanita Lane with subject on the left 21 SUBJECT PROPERTY PHOTOGRAPHS 22 SEMPLE APPRAISALS, INC. vest on Tiburon Blvd.— properties to the west of subject and west of Juanita Lane front directly on street parking 23 SEMPI F APPPAISAI S IN(' SUBJECT PROPERTY PHOTOGRAPHS 1704 Tiburon Blvd. a long, narrow space fronting on the plaza Door and larger windows on east side, 2 "d door and smaller windows on west 24 SEMPLE APPRAISALS, INC. SUBJECT PROPERTY PHOTOGRAPHS 25 SEMPLE APPRAISALS, INC. SUBJECT PROPERTY PHOTOGRAPHS Kitchenette area with sink and cabinets in rear One restroom in the space — tiled with some ADA improvements 110 SEMPLE APPRAISALS, INC. VALUATION In order to form an opinion of the current market rent for the property, leases and asking rents for similar space were investigated in Tiburon and similar southern Marin locations. Commercial Real Estate Market The commercial real estate market was affected by the recession, but is now showing signs of recovery. From December 2007 to mid -2009 the country was in a recession with many financial indicators on a downturn, wavering confidence in our economy, and limited money available for any type of lending. Slowdowns in all types of business, high unemployment, and the lack of funds for purchases or business development slowed the real estate market. Recently there have been favorable signs that the recession is over, with decreasing unemployment, increasing rental rates and more demand for real estate. The market is still affected by some foreclosures from that period, and investors are cautious. Keegan and Coppin Realtors survey commercial space in Marin County and report vacancies for the 3rd Quarter of 2013 as: Vacancy Rate Office Space: 20.6% Retail Space: 4.9% Industrial Space: 5.2% The office market has been the most severely affected by the recent recession, with industrial and retail markets showing some increases in vacancy, but less dramatic than the office rental market. In Tiburon this survey reports a vacancy rate of 6.5 %, the 27 SEMPLE APPRAISALS, INC. lowest office vacancy in the county, due to the desirable location and limited supply of office space available. Another survey by Cassidy /Turley Commercial Real Estate as of the 3rd Quarter of 2013 reports a vacancy rate for Marin County office space at 16.9 %, with a combined vacancy rate for Sausalito/Tiburon at 11.5 %. This survey reports the average office asking rental rate for the county at $2.60 /sf Full Service and for Sausalito/Tiburon at $3.44/sf. For retail space, Cassidy /Turley Terranomics does a survey of retail shopping center space in Marin County. This survey reports a vacancy rate of 3.6% for retail shopping center space, with an average asking rent of $1.74 /sf NNN. For southern Marin County which includes Corte Madera, Greenbrae, Mill Valley, Sausalito and Tiburon this survey reports a vacancy rate of 4.2 % and an average asking rent of $1.90 /sf NNN. The recession had less impact on the Mann County commercial real estate market than other areas, due to the lack of available space, and restrictions on new development. The office market was more severely affected than the retail market in this area. As the economy improves, the commercial real estate market in this area will also see economic improvement. Tiburon is a unique location for commercial real estate because most commercial uses in Marin County are centered on Highway 101, the freeway, and main thoroughfare for the county. Each community in Marin has also tried to develop a strong downtown area, 28 SEMPLE APPRAISALS, INC. with services for residents and a small community feel. The downtowns and allowed zoning are summarized as: Sausalito: The main street is Bridgeway, which benefits from the ferry service and proximity to San Francisco. Downtown zoning is CC: Central Commercial which encourages a wide variety of retail and service businesses, with ground floor retail and upper floor residential use. This zoning allows most retail uses, and requires a Conditional Use Permit for "office conversion of an existing or previously- existing retail trade, commercial service, drinking/eating or residential use." Banks and financial institutions, including real estate, also require a Conditional Use permit to replace retail on the ground floor. Mill Valley: Resident serving central downtown with a plaza at The Depot. Downtown zoning is CG, General Commercial District that includes in the permitted uses most retail use including real estate offices. Larkspur: Historic downtown along Magnolia Avenue with resident serving business. Downtown Zoning is SD, Storefront Downtown which permits most retail uses, including "Offices having a retail service character, such as a real estate office, travel agency, or insurance agency, may be located in prime retail locations which are those tenant spaces at street -level with direct pedestrian access from Magnolia Avenue; all other administrative or professional office uses are to be located in non prime retail locations. " Novato: Central downtown along Grant Avenue zoned CBD, Central Business District. This zoning allows most retail uses and allows office use only on the upper floor or rear of the site, except: Real Estate Offices and Travel Agencies are separately listed as Permitted uses in this zoning. San Anselmo: Downtown is along San Anselmo Avenue, zoned C -2 Downtown Commercial District. This zoning has "Professional Real Estate" as a permitted use. In this zoning, a Use Permit is required for changes in occupancy over 1,200 s.f. San Rafael: The center of downtown San Rafael is Fourth Street. Downtown zoning along Fourth Street is 4SRC: which is Fourth Street Retail Core. Office is allowed only on upper levels or the rear of retail uses, and "office use on the Fourth Street frontage is limited to customer- service office use only ". This allows banks and financial institutions, but not real estate offices. 29 SEMPLE APPRAISALS; INC. The recent leases, #1 through #4 in Tiburon are at $2.50 to $3.25 per square foot, all on a gross basis. The asking rents, #5 through #10, are $2.50 to $3.25 per square foot, on a gross or full service basis. Lease 41 is a rental of ground floor space facing Tiburon Boulevard, which was leased to the former tenant at 1704 Tiburon Boulevard. It is a corner space, with limited visibility, but it has parking directly in front of the building. This building is zoned for Neighborhood Commercial use and has both office and retail uses on two levels. Another ground floor space in this building, of 3,000 s.f., was a hardware store for many years. It has been offered for lease for the past 3 months, and Sam Ko with Meridian Commercial reports that there are lease negotiations now to lease the space for $2.00 per square foot, "as is ", for this larger space with older finishes. Lease #2 is the lease of 2nd floor office space in a recently renovated building at 46 Main Street. The ground floor retail space in this building is still being offered for lease, Comparable #10. The listing agent reports that this space leased "right away" at $3.00 /sf. Lease #3 is second floor office space in the same building as the subject, that was rented in November 2012 at $3.25 per square foot. This space has access on Main Street, and is located over 10 Main Street. 10 Main Street is the ground floor retail space in the same building as the subject, but with frontage on Main Street. It was leased starting in 33 SEMPLE APPRARAI S. INC;. May 2009 at $4.17 /sf with annual increases, but had a rent reduction during the recession and is now leased at $3.83 /sf/month. Lease #4 is rental of a ground floor retail space at 34 Main Street this year at $3.25/sf on a 3 year lease. This space is owned by Argonaut Investments, who purchased several downtown Tiburon buildings last year. The leasing agent for this space, Nick Egide of Meridian Commercial reports that most leases on Main Street are at $3.00 to $3.25 per square foot. Leases #5, #6, #7 and #9 are asking rents in primarily office buildings along Tiburon Boulevard. There are multiple spaces, first and second floor offered for lease at $2.50 to $3.00 per square foot on a gross or full service basis. Lease #6 is a small ground floor office at 1610 Tiburon Blvd. that had been offered at $1,050 or $3.51 /sf/month, but was recently reduced to an asking rent of $750 or $2.57 / sf/month. Lease #8 is a 1,315 s.f. retail space on Main Street that is being offered for lease at $2.89 per square foot, by Zelinsky Properties. It has been vacant for the past 1.5 to 2 years. Gail at Zelinsky Properties reports that she has had a lot of offers from restaurants, spas and nail salons, but only retail use is allowed. Zelinsky Properties did lease a space across the street at 35 Main Street to a restaurant, Luna Blue, but they reported it was a "complicated deal' and would not disclose the rental rate. 34 SEMPLE APPRAISALS, INC. Lease 410 is asking rent for a retail space of 1,475 s.f. on Main Street, at $3.25 per square foot. This space is offered by Nick Egide of Meridian Commercial who completed leases #2 and #4 in the Lease Summary. This building has been remodeled and it has been offered for lease for 6 months. The broker reports that the problem with leasing this space is that the city is so specific on what uses it will allow; only straight retail. He says that if he could have leased it as an office or a real estate office he "could have leased it 5 times over ". This space has also been offered for lease as two spaces of 731 s.f. and 744 s.f. or as one space of 1,475 s.f. The comparable leases are office and retail rents, some on the ground floor and some in second floor spaces. A division by type of space is summarized as: Retail Rent/sf/month #1 1630 Tiburon 5/13 Leased $2.50 #4 34 Main St. 4/13 Leased $3.25 #8 20 Main St. Listed $2.89 #10 46 Main St. Listed $3.25 Office Rent/sf/month #2 46A Main 8/13 Leased $3.00 #3 14 Main 11/12 Leased $3.25 #5 1620 Tiburon Listed $2.50 #6 1610 Tiburon Listed $2.57 #7 1530 Tiburon Listed $2.64 #9 1660 Tiburon Listed $3.00 On Main Street, whether ground floor retail, or second floor office space, ( #4, #8, #10, #2, #3) the rental rates range from $2.89 to $3.25 per square foot. On Tiburon 35 SEMPLE APPRAISALS, INC. Boulevard the lease and asking rental rates are $2.50 to $3.00 per square foot for retail or office space. The subject space at 1704 Tiburon Boulevard was last leased at in October 2010 at $4,000 /month or $3.09 /sf/mo, and the rent was increased to $4,200 per month, or $3.24 /sf/month. The tenant paid sporadically, but stopped paying at all in the third year when rent increased to $5,000 per month, or $3.86 /sf, and they were evicted. The subject property benefits from a corner location in the central downtown, making it superior to many of the comparable leases. Detracting from the space at 1704 Tiburon Boulevard is the location on the plaza, not facing Main Street. Considering these factors, for a lease of the property, under the current zoning for retail use, market rent is estimated at $3.25/sf, which is rental income of. 1,295 s.f. building area x $3.25/sf = $4,208.75 /month x 12 = $50,505 /year Subiect Feasibility Analysis The subject property is a portion of a commercial building, centrally located in downtown Tiburon. Alternative uses of the space were considered to find that use that is financially feasible and maximally productive. 36 OCRAMC nnnnnianin IKI� A history of the subject space facing Tiburon Boulevard, the retail space at 10 Main Street, and the second floor office space at 14 Main Street has been provided by the property owner, is included in the Addenda and summarized on the following page. This summary shows all tenancies, rent paid and vacancies from January 2001 to the present, a 155 month period. The three spaces have the same landlord, same leasing agents, and same lease type. The vacancy, collected rent, rental rates and average income are summarized as: 1 /01 -11/13 155 months Vacanc Collected Rent % of Due Rental Rates Avg. Income/ sf/mo 1704 Tiburon Bl. 53 months 73.8% $2.40 -$4.41 $2.08 10 Main Street 2 months 97.5% $2.95 -$4.23 $3.68 14 Main Street 16 months 96.5% $2.60 -$3.98 $2.90 Over the past 12 years and 11 months, or 155 months, the space at 10 Main Street has done well, with only 2 months of vacancy, and a 97.5% collection of rent due, for an average rental income per square foot per month of $3.68. This space faces Main Street, and it is a good retail location for Tiburon. The space at 14 Main Street is a second floor space, generally less desirable than ground floor space, but it has the benefit of allowing office use, so there is a larger tenant pool. Over the 155 month period, at 14 Main Street, there were 16 months of vacancy, but the tenants that occupied the space paid the rent due 96.5% of the time. The average rental income per square foot per month for this space is $2.90. It is lower than the more desirable ground floor space at 10 Main Street. 37 I Summary of rental history 1704 TIBURON BLVD DATES TEN A[O: 1295 S.F. RENT lOJ1I. NOTES PAID NOTES _ DDE PA D D1lE 4 /13- PRESENT VACANT 2 /09- PRESENT 8 MONTHS 1D/10.3/13 MARIAFRENCH CINRS $150,40D $90,000 LEASE $3A9- $3.86 /SF-ERRATIC PAY, EVICTED 1/09 -9110 VACANT 21 MONTHS 4/07 -12/08 PURE ELEGANCE $188,014 $300,012 LEASE $4.00- $435 /SF- VACATED 7/06 -3/07 VACANT STEPHEN'S ANTIQUES 9 MONTHS 7/04 -6/06 GALERY108 $75,711 $75,7112 YRS. AT$2AO TO$1.47 /SF 5/03 -6/04 VACANT $752,821 COLLECTED 97.5% OF DUE, 2 MONTHS VACANT 14 MONTHS 1/013/03 2M &G gigi 9SI <151 951 2 YR, 4 MO, 5TART$4.00/5F $ 566,078 $ 417,676 COLLECTED 73.8% OF DUE, 53 MONTHS VACANT 10 MAIN STR DAM TENANT 1320 S.F. 9ENI RENT PAID NOTES _ D1lE 2 /09- PRESENT MAYMADISON $299,022 $ 299,022 START$4.17/SF, IN 2/12 REDUCED$3.71 /SF, NOW$3.83/SF 12/08 -1109 VACANT 2MONTHS 3/06 -10/08 ,SUGAR LUXURY $182,991 $163,7872 YR. 8 MO AT$4A9 TO S4.231SF 1/01 -2105 STEPHEN'S ANTIQUES 129L= 5290.0125YR2 MO,START$3m. 14IGH$4.13, REDUCED LOW$295 /SF $772,026 $752,821 COLLECTED 97.5% OF DUE, 2 MONTHS VACANT 14 MAIN STREET DATES IENAfR 1540 S.F. AENI RENT PAID NOTES D17E 11 /12- PRESENT MARTIN BLDG CO $60,150 $60,15013 MOS.,$325 START, NOW$334 /SF 11/11 -10/12 VACANT 12 MONTHS 11/08 -10 /31 ARCHIPELAGO $208,424 $299,5022YR, 11 MO, START $3.75, HIGH$398/SF 8105-9/08 GREENROCK CAP. $183,189 $183,1893YR, 1 M0, START$3.05, HIGH$3.27/SF 6/05 -7/05 VACANT 2 MONTHS 10104 -5105 MCLAUGHUN &SOL $40,000 $24,000 EVICTED, 10 MOS AT$2.60 /SF 8104 -9/04 VACANT 2 MONTHS 1/01 -7/04 2M &G $225,57$ S226,5793YR, 7 MO, 5TART$3.12, HIGH$3.64/SF $718,342 $693,420 COLLECTED 96.S% OF DUE, 16 MONTHS VACANT ®' SEMPLE APPRAISALS, INC. The space at 1704 Tiburon Boulevard has been vacant for 53 months out of the 155 month period, and the collected rent was 73.8% of the rent due. The last tenant was evicted in March 2013, and the tenant before that vacated the space in December 2008 before lease expiration. The average income per square foot per month is $2.08, less than the average for 10 Main Street and 14 Main Street. The subject space has inferior occupancy and a lower average income rate, possibly due to its location, facing the plaza on Tiburon Boulevard and its irregular shape. Due to the difficulties in maintaining a tenant in 1704 Tiburon Boulevard, a lower rental rate would be anticipated. Alternative uses for the space might be considered, but potential tenants in the property are restricted by the VC, Village Commercial zoning which will only allow retail use. A restaurant use might be allowed with a Conditional Use permit, and has been considered for the space. Lease of the property to a restaurant tenant would require remodeling the space for that use. Included in the Addenda of this report is an estimate from Loic Humbert, General Contractor to remodel the space for restaurant use, which is summarized as: RE SEMPLE APPRAISAI S. INC. Demolition and disposal $ 10,000 Framing, insulation, drywall $ 30,000 Plumbing, upgrades to water, gas, grease, kitchen, baths, water heater, fixtures, trim $120,000 Electrical $ 15,000 Hood and fire suppression for grill/stove $ 15,000 Fire sprinklers, connect street to riser, new spinklers, risers $100,000 ADA compliance work, elevation, clearances, fixtures $ 50,000 Mechanical work $ 20,000 Overhead $ 50,000 Profit 29,000 $439,000 The contractor's bid to remodel for restaurant use is $439,000. This is for remodeling, addition of a kitchen, upgrade for two restrooms, and addition of fire sprinklers needed for the remodel. There would be additional expense for sewer and water fees, and a trash enclosure would probably be required for this use. There is no area on the subject property for a trash enclosure. For the landlord spending $439,000 today on a 5 year lease, the straight return on this investment over 60 months is $7,316 per month. Over the 5 year time period, based a safe rate of 4 %, this initial investment would require payments of $8,085 per month to amortize the debt. From our review of rents in Tiburon, market rent has been estimated at $3.25 /sf/month or monthly rent of $4,209. A conversion to restaurant use is not financially feasible. The comparable leases do not include restaurants, but restaurants often rent at levels similar to retail rents, especially in multi-tenant buildings. Some older restaurant rents in the area are summarized as: [9] RFNAPI G 4PPDAKAi C Mir' Most similar in location to the subject is Sam's Cafe located at 27 Main Street. It was purchased by the tenant in 2010, when the rental rate was reported at $47,500 per month or $4.84 / sf/month. Sam's Cafe is superior to the subject as a free - standing building, on the water, with a deck, and dock on the bay. A rental rate as high as Sam's at $4.84 /sf/month for the subject is $6,267 per month, still not sufficient to make the restaurant use feasible. Another possible use of the subject might be to divide it for use as two retail spaces. There is one restroom in the building, so this would require remodeling to make a second ADA accessible restroom. Due to the unusual narrow building shape, a tenant on the west side of the building would have a smaller space. Lease #10, is an asking rent at $3.25 per square foot for 1,475 s.f. facing Main Street, or two spaces of 731 s.f. and 744 s.f. This space has been available for 6 months, and it has not been rented as one space, nor two smaller spaces. This comparable suggests that division of the subject space would not result in a higher market rental rate, so the cost of an additional restroom is not wan-anted. 41 CFMPI F APPDAICZA1 C INIr' Address Lease Area Rent Terms Date Price /sf 711 E. Blithedale 9/09 1,599 s.f. $5,596 NNN Rocco's Pizza $3.50 CPI 5 % -10% Mill Valle Dipsea Cafe Current -2010 4,672 s.f. $19,489 NNN 200 Shoreline $4.17 Mill Valley Sams Cafd Current -2010 9,810 s.£ $47,500 NNN 27 Main St. $4.84 Restaurant and Tiburon I retail/office Most similar in location to the subject is Sam's Cafe located at 27 Main Street. It was purchased by the tenant in 2010, when the rental rate was reported at $47,500 per month or $4.84 / sf/month. Sam's Cafe is superior to the subject as a free - standing building, on the water, with a deck, and dock on the bay. A rental rate as high as Sam's at $4.84 /sf/month for the subject is $6,267 per month, still not sufficient to make the restaurant use feasible. Another possible use of the subject might be to divide it for use as two retail spaces. There is one restroom in the building, so this would require remodeling to make a second ADA accessible restroom. Due to the unusual narrow building shape, a tenant on the west side of the building would have a smaller space. Lease #10, is an asking rent at $3.25 per square foot for 1,475 s.f. facing Main Street, or two spaces of 731 s.f. and 744 s.f. This space has been available for 6 months, and it has not been rented as one space, nor two smaller spaces. This comparable suggests that division of the subject space would not result in a higher market rental rate, so the cost of an additional restroom is not wan-anted. 41 CFMPI F APPDAICZA1 C INIr' - Consideration was made whether service retail or personal services uses might be suitable for the subject space. Service retail or personal service uses might be: copy or printing shops, florists, cleaners, picture framing, beauty shop or fitness studio. These types of service retail uses have turnover of customers, and are best served by readily available parking. There is no on- street parking in front of the subject. There is a paid parking lot to the rear of the subject, but customers don't want to pay for a space for a short service visit. The Maria French Cleaners was a service retail use in the subject, and they paid rent sporadically. They are now located to the west at 1630 Tiburon Blvd, with parking directly in front of the building, which is better suited to their business needs. Service retail or personal service uses are not suited to the subject space. Market rent for the space at 1704 Tiburon Boulevard has been estimated, after a review of comparable rentals in the area at $3.25 per square foot on a gross basis. This is based on the existing space, with the current zoning allowing only retail use. If office use were allowed in the space, there would be a larger pool of potential tenants, so rental rates and occupancy might be increased. W-J r QUALIFICATIONS SIOBHAN SEMPLE STODDARD, MAI EDUCATION B.A. degree, Dominican College (cum laude) 1979 Appraisal Institute Courses for MAI 1988 -1992 Continuing Education — Appraisal Institute current AFFILIATIONS Member, Appraisal Institute, MAI designation 1995 —present Certified General Real Estate Appraiser with the State of California #AG006355 1993 — present Licensed Real Estate Salesperson 1992 - present Northern Calif. Chapter Appraisal Institute — Board of Directors 2001 -2003 Chair North Branch of the Northern Calif. Chapter AI 2000 President Marin County Appraisers Association 1998 Member San Rafael Chamber of Commerce Affordable Housing Committee 1996 -2000 Competent Toastmaster, Toastmasters International 1999 I A' ; Iq► Semple Appraisals, Inc. - Appraiser 1988 - present Financial Institutions - Amex Life Assurance Co.- Manager /Cashier 1980-1988 Bank of Marin (Westamerica) - teller 1979 REAL ESTATE APPRAISAL CLIENTS: City of Mill Valley , City of Tiburon National Park Service County of Marin City of Novato Bank of Marin America California Bank The Mechanics Bank City National Bank First American Title Fidelity National Title Dominican University Novato Sanitary District Sanitary Dist. No. 1 Kendall Jackson SMART Attorneys Property Owners COURT TESTIMONY Expert Witness: Bankruptcy Court Santa Rosa SEMPLE APPPAI.SAI S. INC:. r Lease #1 -1630 Tiburon Boulevard — ground floor retail: $2.50 /sf W SEMPLE APPRAISALS, INC. V Ate' Mao ao am,& iIl 47 SEMPLE APPRAISALS, INC. Lu asking $2.89/sf a SFAAPI F APPPAICAI R I!\I( COMPARABLE LEASE PHOTOGRAPHS 49 SEMPLE APPRAISALS, INC. Municode r' Tiburon, California, Code of Ordinances » 7 — ZONING >> 16 -22 Commercial Zones »— 16.22 Commercial Zones Sections: `i 16- 22.010 Purpose. 1 16- 22.020 Purposes of the commercial zones http: / /Iibrary.municod 3Vprintaspx ?h= &clientID= 16657&HT1v1R.,, IV - LAND IMPROVEMENT AND USE >> Chapter 16 - 16- 22.010 Purpose. The purpose of division 16 -22 is tc establish the land uses that may be allowed within the commercial zones established by section 16- 14.020 (zoning map and zones), determine the types of zoning permit (if any) required for each use, and provide standards for site layout and building size. (Ord. No. 519 N.S., § 3(Exh. A), 3 -17 -2010) 16- 22.020 Purposes of the commer The purpose of each commercial 1 A. INC (neighborhood commei resident - serving commerci and mixed -use commercia Predominantly tourism -orie this zone, and street - front! the NC zone, B. VC (village commercial) zo conditional uses as those allowed. Street - fronting grc zone (See subsection 16 -2 (Ord. No. 519 N.S., § 3(Exh. A), 3 -17 -2010) 16- 22.030 Commercial zones all zones. is as follows: al) zone. The NC zone is intended to primarily provide for and office uses, while allowing incidental residential uses :sidential projects in accordance with the general plan. ad uses (i.e., souvenir shops) are strongly discouraged in ground floor office use restrictions apply to portions of . The VC zone has the same permitted uses and t forth in the NC zone, except souvenir shops are id floor office use restrictions apply to portions of the VC 030.8). e land uses and permit requirements. A. NC Zone. 1. Permitted uses in the NC zo ie. a• Use - for -use changes (e.g., restaurant to restaurant) or minor structural alterations when no Intensification of use, as determined by the director, is proposed; except asset forth in subsection A.1.e below. Intensification of use shall be measured in erms of parking requirements, number of employees at maximum shift, total floor area occupied, vehicular trip generation, or other factors within the reasonable discretion of the director. Umicode b. Lawfully existing use: 1 permitted to operate t permits. C. The Point Tiburon Pla provisions of the Poir Conditional use perm be issued in accordai are consistent with th d. Drive - through restaur l take -out service, are J a. Tiburon Boulevard -frc newly- constructed or Boulevard ", as that a Element on diagram e compliance with sect in compliance with SL ground floor office us f• Emergency shelters i d Government Code (s d 2• Conditional uses permitted i when a conditional use perr (conditional use permit). Adi may be conditionally permiti http: / /librarym>micode.ca - 1printaspx ?h= &clientlD= 16657 &HTMR... established prior to December 26, 1990, shall be rider the authority and limitations of applicable zoning a commercial area shall continue to be regulated by Tiburon precise plan and master conditional use permit. s for new uses in the Point Tiburon commercial area may :e with provisions herein provided that such approvals Point Tiburon precise plan and master use permit. nts, and restaurants that primarily offer fast -food and /or iting ground floor office uses shall not be permitted in -edeveloped buildings located along "Upper Tiburon ea is defined in the Tiburon General Plan Downtown .4 -1, without the granting of a conditional use permit in )n 16- 52.040 (conditional use permits) and an exception )section 16- 22.040.8.1 (Exception for street - fronting a in the NC zone). 1 compliance with Section 65582 of the California :e section 16-40 -060 [emergency shelters]). 1 the NC zone. The following uses shall be permitted only It is granted, as provided in section 16- 52.040 itional uses, similar or accessory to those listed below, ;d by resolution of the commission. Artist supply stores Newsstands Banks Nursery for the propagation and /or sale of Blueprint and photocopying shops plants, shrubs and trees Bus depot ffice building Business and professional offices Off- street parking facilities; commercial Business services including: and public ddressing, duplicating, mailing and Opticians and optometrist shops tenographic Outdoor eating and Candy stores Paint and wallpaper clothing and costume rental =area Pet shops establishments Photographic supply Commercial place of amusement Photography studios Dry goods stores Picture framing Dwelling units Printing shops Florists Radio and TV sales and service stores Establishment serving any alcoholic Restaurant beverage for consumption on the premises Service station Furniture stores, new and unfinished Shoe stores Garden supply stores Sporting good stores Grocery stores tamp and coin stores Hobby stores Stationary stores Hotels and motels ailor and dressmaking shops Household appliance stores heaters and playhouses Interior decorating shops oy stores ewelry stores ravel bureaus 1214/2013 4:22 PM code ( http:// Iibrarymimicodc .cymlprint.aspa!b7—&cbenutr 10o:) I an I LVM... ■ LCO UICI gvuua ww w - JLiquor or drug stores Locksmiths Meeting hall Mortuary Music stores Newspaper publishing ] B. VC zone. The VC zone has the sam NC zone (see subsection A. above) 1. Souvenir shops are allowed 2• Street - fronting ground floor c street addresses one throug 16- 22.040.B.2 (Exception fo (Ord. No. 519 N.S., § 3(Exh. A), 3 -17 -2010) 16- 22.040 Commercial zones g A. General standards. Subdivisions, land uses and structures, shall be with the requirements in table 2�-3 landscaping, parking and loading, parking). The goals and principles consulted in the review of substai COMMERCIAL land and structure regulations as those set forth in the except as following: the VC zone. ice uses shall not be permitted on Main Street, covering one hundred Main Street inclusive. See subsection street - fronting ground floor office use in the VC zone). development standards. w land uses and structures, and alterations to existing :signed, constructed, and /or established in compliance addition to the applicable development standards (e.g., ..) in article III (general development standards and the Downtown Tiburon Design Handbook shall be re improvements for properties in downtown Tiburon. TABLE 22 =3 tE DEVELOPMENT STANDARDS Zon inimumHeight Limit I aximum FAR Primary jActessory Lot Area 3.37' NC 10,000 30 ft.2 .28' f. Notes: 1. Unless a transfer of intensity has been approved in compliance with general plan downtown element policies or the building is reconstructed pursuan to general plan downtown element policies. For downtown properties with frontage on iburon Boulevard, thirty eight feet and no more than three stories. B. Exceptions. 1. Exception for street-fronting ground floor office use in the NC zone. An exception may be granted to allow street -f onting ground floor office use otherwise prohibited by section 16- 22.030 (commercial zones allowable land uses and permit requirements), provided that the review a thority finds that the applicant has provided substantial and compelling evidence that retail, restaurant, or personal service use is not economically viable in the proposed location. 2. Exception for street - fronting ground floor office use in the VC zone. An exception may 12/4/2013 4:22 PM unicode be granted to allow street -fr I section 16- 22.030 (commer provided that a conditional 1 findings is made by the revi Ia• The space proposed restaurant, or persor b• The applicant has pr restaurant, or persoi location. C. Minor floor area additions. Minor f be approved without the need for area additions are. those that do r division 16 -32 [parking and loadin by the review authority that there minor floor area addition. D. Approval of a conditional use pen the provisions of section 16 -52.0, 1. New construction or subdi% 2. Additions to existing structi 3• Reconstruction of existing 4 Grading of undeveloped or (Ord. No. 519 N.S., § 3(Exh. A), 3 -17 -2010) r http: / /librarymimicode.c . m/pnnt.aspXltr—&Cilentur100o / a ri I ivi&.. Jng ground floor office use otherwise prohibited by it zones allowable land uses and permit requirements), permit is secured and one or more of the following authority: the office use is not physically suitable for retail, service use. ded substantial and compelling evidence that retail, service use is not economically viable in the proposed or area additions to properties exceeding FAR limits may general plan or zoning ordinance amendment. Minor floor I materially increase parking demand (as defined in standards]) or traffic generation. 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Fag 69 � 69 69 w o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o w o o w 000000000000 0 " " " o 00000r »0000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0° 0- 0- 69 fA 69 69 Vi EA FA 69 69 69 69 69 fag b9 69 N9 69 69 69 69 59 69 69 �A s9 u, rnrnrn rnao,rnmo+rn In In 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 O O O O 0 0 0 C 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O r. umw 722006 01 /}� UMBER T 524 San Anselmo Avenue, #333 San Anselmo, CA 94960 License 722006 415.497.1333 Phone 415.460.1281 Fax Loic @loichumbert.com v, �ww.loichumbertcom Vesa Becam 101 Larkspur landing Circle Larkspur, CA 94939 Job: 1704 Tiburon Blvd, Tiburon r Estimate Estimate No: 1309271 September 27, 2013 Approved By. Date: THANK YOU! am $439,000.00 BUDGET PRICING TO BUILD OUT SHELL FOR RESTAURANT/ AFE AT 1704 TIBURON BOULEVARD, TIBURON. $0.0 Demolition and disposal $10,000.0 Framing, Insulation and drywall $30,000.0 Plumbing, including upgrade to water and gas service, grease interceptor, supply and waste for kitchen and bathrooms, water eater, fixtures and trim. $120,000.0 Electrical $15,000.0 Hood and fire suppression for grill/stove. $15,000.0U Fire sprinklers, Including MMWD at street, connecting from street t riser, new sprinkler riser and sprinklers throughout $100,000.0 ADA- compliance work, including correcting interior and exterior elal m Iiantfixtures and si na e. anon issues, creating required clearances, Installing $50,000.0 Mechanical work $20,000.0 Overhead _ $50,000.0 Profit $29,000.0 Approved By. Date: THANK YOU! am $439,000.00 oc. G- November 30, 2010 Dear Kia, r Thank you for agreeing to participate in our interview regarding ways to improve and add vibrancy to downtown Tiburon. Your insights and comments are important to us because of your keen knowledge of the downtown. By way of background, for some time now, a council "downtown committee' of Mayor Dick Collins and Councilmember Jim Fraser has been working to create a process to help improve the downtown environment here in Tiburon. As part of this effort an outside facilitator has been engaged. Her name is Leslie Gould and she has considerable experience in downtown revitalization issues. The first task Leslie has set out is to meet with some of the key downtown stakeholders in very small groups. After this step, a larger group meeting will be scheduled for early 2011, with eventual public meetings to follow if ideas are flowing and /or progress is being made on identifying positive steps that might be taken. For the interview with Leslie, you will be in a small group with Mrs. Chong Cook, Nicole Roberts of the Mar West office park, Maria Della Santina who owns the Koze property and Mrs. Zohre Grothe of Marin Land. The interview will take a little less than one hour, and is scheduled for: Date: Monday December 13, 2010 Time: 2:00 p.m. Location: Tiburon Town Hall Conference Room (ground floor adjacent to the Council Chambers); 1505 Tiburon Boulevard, Tiburon Following the interview process, Leslie will provide Town staff with a summary write -up of the themes, comments and suggestions made during her eight hours of interviews, but no names will be used in the write -up and no specific comments will be attributed to any individual, so please feel free to be open and candid with Leslie about what is right and wrong with downtown today and any ideas you have for improving downtown Tiburon. The goal of this process is to identify a series of short-term and long -term actions or strategies that could be implemented to improve the downtown. These could range from installation of physical improvements (public or private), to business attraction strategies, to changes in Town regulations and the permitting process. Exhibit "G" Physical improvements could include the following types: • Streetscape improvements (e.g., lights, signs, banners, street trees, information displays) • New or improved public spaces or amenities • Changes to traffic patterns or parking • Enhanced pedestrian connections • New development (housing, mixed -use projects, etc.) • Facade improvements Business attraction strategies could include the following: • Advertising campaigns and marketing • Branding • Improvements in tenant mix/vitality • Expanded Chamber of Commerce role Changes in permitting and Town regulations could include the following: • Increasing allowable floor area, density, height limits, etc. • Increasing the number of uses allowed "by right' (without a use permit) • Other All ideas are welcome, and sometimes even small changes can make a noticeable impact! Peggy Curran Town Manager Town of Tiburon